The Wood Bull Guides

(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.

(36.0.1) Repealed. 2019, c. 9, Sched. 12, s. 3 (7).

(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).

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

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

(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). 

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

(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)

(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).

(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).

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

(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).

(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).

(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).

(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).

(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).

(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).

(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).

(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).

(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).