The Wood Bull Guides

Section 17, Subsections 17(36) to (39) [Appeal Rights / Decision Final: Official Plan and Amendments Not Exempt from Approval]

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  • 17(36) APPEAL TO L.P.A.T.

    (36) Any of the following may, not later than 20 days after the day that the giving of notice under subsection (35) is completed, appeal all or part of the decision of the approval authority to the Tribunal by filing a notice of appeal with the approval authority:

    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. In the case of a request to amend the plan, the person or public body that made the request.  2006, c. 23, s. 9 (6); 2017, c. 23, Sched. 5, s. 80.

    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  • 17(36.0.1) REPEALED

    (36.0.1) Repealed. 2019, c. 9, Sched. 12, s. 3 (7).

  • 17(36.1) NO APPEAL RE ADDITIONAL RESIDENTIAL UNIT POLICIES

    (36.1) Despite subsection (36), 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 (2).

    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(36.1.1) EXCEPTION RE MINISTER

    (36.1.1) Subsection (36.1) does not apply to an appeal by the Minister.  2016, c. 25, Sched. 4, s. 2 (3).

  • 17(36.1.10) EXCEPTION RE MINISTER

    (36.1.10) Subsection (36.1.8) does not apply to an appeal by the Minister. 2019, c. 9, Sched. 12, s. 3 (8).

  • 17(36.1.2) NO APPEAL RE INCLUSIONARY ZONING POLICIES

    (36.1.2) Despite subsection (36), 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 (4). 

  • 17(36.1.3) EXCEPTION RE MINISTER

    (36.1.3) Subsection (36.1.2) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 2 (4).

  • 17(36.1.4) NO APPEAL RE PROTECTED TRANSIT STATION POLICIES

    (36.1.4) Despite subsection (36), there is no appeal in respect of the following:

    1. Policies that identify a protected major transit station area in accordance with subsection 16 (15) or (16), including any changes to those policies.

    2. Policies described in clauses 16 (15) (a), (b) or (c) or (16) (a) or (b) with respect to a protected major transit station area that is identified in accordance with subsection 16 (15) or (16).

    3. Policies in a lower-tier municipality’s official plan that are described in subclause 16 (16) (b) (i) or (ii).

    4. Policies that identify the maximum densities that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15).

    5. Policies that identify the maximum densities that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (16).

    6. Policies that identify the minimum or maximum heights that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15).

    7. Policies that identify the minimum or maximum heights that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (16).  2017, c. 23, Sched. 3, s. 6 (8)

    Related Sections

    Protected major transit station area policies are addressed in subsection 16(15) for single-tier municipalities' official plans, subsection 16(16) for upper-tier municipalities' official plans, and subsection 16(16)(b) for lower-tier municipalities' official plans (s.16(15) and (16)).

    Subject to the limitations and exceptions identified in subsections 17(36.1.5), (36.1.6), and (36.1.7), this subsection prohibits appeals of protected major transit station area policies.  In addition to the required major transit station area policies addressed in subsections 16(15) and 16(16) (paragraphs 1, 2 and 3), there is no appeal of policies related to maximum densities (paragraphs 4 and 5) and maximum and minimum heights (paragraphs 6 and 7) within a protected major transit station area.

  • 17(36.1.5) LIMITATION [On Appeal of Protected Major Transit Station Area Policies]

    (36.1.5) Paragraphs 3, 5 and 7 of subsection (36.1.4) apply only if,

    (a) the plan that includes the policies referred to in those paragraphs also includes all of the policies described in subclauses 16 (16) (b) (i) and (ii) for the relevant protected major transit station area; or

    (b) the lower-tier municipality’s official plan in effect at the relevant time contains all of the policies described in subclauses 16 (16) (b) (i) and (ii) for the relevant protected major transit station area.  2017, c. 23, Sched. 3, s. 6 (8).

  • 17(36.1.6) EXCEPTION [To Appeal Maximum Height]

    (36.1.6) Despite paragraphs 6 and 7 of subsection (36.1.4), there is an appeal in circumstances where the maximum height that is authorized with respect to a building or structure on a particular parcel of land would result in the building or structure not satisfying the minimum density that is authorized in respect of that parcel.  2017, c. 23, Sched. 3, s. 6 (8).

    Related Sections

    For protected major transit station areas, minimum densities for buildings and structures are required to be identified in official plans of single-tier municipalities (s.16(15)(c))) and lower-tier municipalities (s.16(16)(b)(ii)).

    Paragraphs 6 and 7 of subsection 17(36.1.4) relate to official plan policies that identify the minimum/maximum heights in a protected major transit station area.  These policies are not required by section 16 to be identified for major transit station areas.

    Parallel subsection:

    • exception to the appeal restriction for parts of zoning by-laws pertaining to protected major transit station areas (s.34(19.7))

    This subsection allows for appeals where there is an inconsistency between a maximum height policy and a required minimum density policy for a protected major transit station area. 

  • 17(36.1.7) EXCEPTION RE MINISTER [To Appeal Protected Major Transit Station Area Policies]

    (36.1.7) Subsection (36.1.4) does not apply to an appeal by the Minister.  2017, c. 23, Sched. 3, s. 6 (8).

    Related Sections

    Parallel subsection:

    • exception for Minister to appeal zoning by-laws pertaining to protected major transit station areas (s.34(19.8))

    Subsection 17(36.1.7) permits the Minister to appeal the decision by an approval authority (in most cases, an upper-tier municipality) in regard to protected major transit stations area policies.

    The Minister does not need this appeal power in regard to single-tier municipalities since the Minister is the approval authority for single-tier official plan policies in regard to protected major transit station area policies adopted pursuant to subsection 16(15), by virtue of subsection 16(18). 

  • 17(36.1.8) NO APPEAL RE CERTAIN MATTERS

    (36.1.8) Despite subsection (36), there is no appeal in respect of any parts of an official plan that must be contained in the 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 (8).

  • 17(36.1.9) LIMITATION

    (36.1.9) Subsection (36.1.8) 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 (8).

  • 17(36.2) NO GLOBAL APPEAL [New Official Plan]

    (36.2) Despite subsection (36), in the case of a new official plan that is approved by an approval authority other than the Minister, there is no appeal in respect of all of the decision of the approval authority to approve all of the plan, with or without modifications.  2015, c. 26, s. 18 (12); 2017, c. 23, Sched. 3, s. 6 (9).

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.15(1):

    Official plan, amendment or repeal, notice given under s. 17 (35) of the Act 

    15. (1) An official plan, an amendment to it or a repeal of it shall be continued and disposed of in accordance with subsection 17 (36.2) of the Act as it read on April 2, 2018, if the giving of notice under subsection 17 (35) of the Act is completed on or after July 1, 2016 and before April 3, 2018. O. Reg. 67/18, s. 4.

    Subsection 17(36.2) is directed to "new" Plans.  There is no guidance in the Act as to what constitutes a "new" Plan.  In regard to such "new" Plans, it is intended to preclude "sloppy"  appeals which are not focused on the real concerns of the appellant.  In practice, these kinds of appeals are objectionable because they preclude the coming into effect of those parts of the plan to which there are no real objections.  

  • 17(36.3) SAME

    (36.3) For greater certainty, subsection (36.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (36).  2015, c. 26, s. 18 (12).

  • 17(36.4) NO APPEAL RE CERTAIN MATTERS [Mentioned in s.17(24.5)]

    (36.4) Despite subsection (36), 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 (12).

  • 17(36.5) NO APPEAL RE DECISION BY MINISTER

    (36.5) Despite subsection (36), there is no appeal in respect of a decision of the approval authority under subsection (34), if the approval authority is the Minister.  2017, c. 23, Sched. 3, s. 6 (10).

    Related Sections

    Subsection 21(3) provides that for amendments, this subsection only applies to official plan updates adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements).

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.15(2):

    Official plan, amendment or repeal, notice given under s. 17 (35) of the Act 

    (2) An official plan, an amendment to it or a repeal of it shall be continued and disposed of as if subsection 17 (36.5) of the Act was not in force, if the giving of notice under subsection 17 (35) of the Act is completed before April 3, 2018. O. Reg. 67/18, s. 4.

  • 17(37) CONTENTS OF NOTICE [Of Appeal]

    (37) The notice of appeal under subsection (36) must,

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

    (b) set out the reasons for the 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 (13); 2017, c. 23, Sched. 3, s. 6 (11); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 3 (9).

    Wood Bull Commentary Please refer to the Wood Bull blog post entitled: "Planning Act Amendments Reinstate Broader Grounds for Appeals" for more information regarding this subsection.
  • 17(37.1) SAME

    (37.1) 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 with, fails to conform with or conflicts with the other document. 2019, c. 9, Sched. 12, s. 3 (10).

    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(37.2) USE OF DISPUTE RESOLUTION TECHNIQUES [Following Appeal]

    (37.2) When a notice of appeal is filed under subsection (36), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.  2015, c. 26, s. 18 (14).

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