The Wood Bull Guides

(11) Subsections 17 (44) to (44.7), (45), (45.1), (46), (46.1), (49), (50) and (50.1) apply with necessary modifications to a requested official plan amendment under this section, except that subsections 17 (44.1) to (44.7) and (45.1) do not apply to an appeal under subsection (7) of this section, brought in accordance with paragraph 1 or 2 of subsection (7.0.2). 2019, c. 9, Sched. 12, s. 4 (5).

(11.0.1 - 11.0.19) Repealed. 2019, c. 9, Sched. 12, s. 4 (5).

(11.1) Where an appeal is made to the Tribunal under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the amendment or any part of the amendment in respect of which the appeal is made, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify,   

(a)  the provisions of the amendment or any part of the amendment by which the provincial interest is, or is likely to be, adversely affected; and

(b)  the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2017, c. 23, Sched. 3, s. 8 (8); 2019, c. 9, Sched. 12, s. 4 (6).

(11.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (11.1).  2004, c. 18, s. 4 (9).

(11.3) If the Tribunal has received a notice from the Minister under subsection (11.1), the decision of the Tribunal is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions. 2019, c. 9, Sched. 12, s. 4 (7).

(11.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice and in doing so may direct the Minister to modify the amendment to the plan.  2004, c. 18, s. 4 (9); 2017, c. 23, Sched. 5, s. 88 (3).

(12) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the council or the planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be.  1996, c. 4, s. 13; 2004, c. 18, s. 4 (10); 2006, c. 23, s. 11 (9); 2017, c. 23, Sched. 5, s. 88 (4).

(13) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the decision of the council or the planning board is final on the day that the last outstanding appeal has been withdrawn or dismissed.  1996, c. 4, s. 13; 2006, c. 23, s. 11 (10); 2017, c. 23, Sched. 5, s. 88 (4).