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(7) When a person or public body requests an amendment to the official plan of a municipality or planning board, any of the following may appeal to the Tribunal in respect of all or any part of the requested amendment, by filing a notice of appeal with the clerk of the municipality or the secretary-treasurer of the planning board, if one of the conditions set out in subsection (7.0.2) is met:

1. The person or public body that requested the amendment.

2. The Minister.

3. The appropriate approval authority.  2006, c. 23, s. 11 (5); 2017, c. 23, Sched. 5, s. 80 .

(7.0.0.1-7.0.0.2) Repealed. 2019, c. 9, Sched. 12, s. 4 (1).

(7.0.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an amendment requested under subsection (1) or (2) unless,

(a) one of the conditions set out in subsection (7.0.2) is met;

(b) if the plan is exempt from approval, the requested amendment has been adopted under subsection 17 (22);

(c) the approval authority makes a decision under subsection 17 (34); or

(d) the time period referred to in subsection 17 (40) has expired.  2006, c. 23, s. 11 (5).

(7.0.2) The conditions referred to in subsections (7) and (7.0.1) are:

1. The council or the planning board fails to adopt the requested amendment within 120 days after the day the request is received.

2. A planning board recommends a requested amendment for adoption and the council or the majority of the councils fails to adopt the requested amendment within 120 days after the day the request is received.

3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment.

4. A planning board refuses to approve a requested amendment under subsection 18 (1).  2006, c. 23, s. 11 (5); 2017, c. 23, Sched. 3, s. 8 (4); 2019, c. 9, Sched. 12, s. 4 (2).

22(7.0.2.1) Repealed. 2019, c. 9, Sched. 12, s. 4 (3).

(7.0.3) A notice of appeal under paragraph 3 or 4 of subsection (7.0.2) shall be filed no later than 20 days after the day that the giving of notice under subsection (6.6) is completed.  2006, c. 23, s. 11 (5).

(7.0.4) For the purposes of subsection (7.0.3), the giving of written notice shall be deemed to be completed,

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

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

(d) 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.  2015, c. 26, s. 21 (5).

(7.1) Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of,

(a) a refusal or failure to adopt an amendment described in subsection (7.2); or

(b) a refusal or failure to approve an amendment described in subsection (7.2).  2006, c. 23, s. 11 (6).

(7.1.1) Subsection (7.1) does not apply to an appeal by the Minister in respect of an amendment described in clause (7.2)(d).

(7.2) Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to,

(a) alter all or any part of the boundary of an area of settlement in a municipality;

(b) establish a new area of settlement in a municipality; or

(c) amend or revoke the policies described in subsection 16 (3), including, for greater certainty, any requirements or standards that are part of such policies.  2006, c. 23, s. 11 (6); 2011, c. 6, Sched. 2, s. 4.

(7.3) If the official plan contains policies dealing with the removal of land from areas of employment, subsection (7.1) also applies in respect of amendments requested under subsection (1) or (2) that propose to remove any land from an area of employment, even if other land is proposed to be added.  2006, c. 23, s. 11 (6).

(7.4) Despite subsection (7.1), a person or public body may appeal to the Tribunal in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment,

(a) is in respect of the official plan of a lower-tier municipality; and

(b) conforms with the official plan of the upper-tier municipality.  2006, c. 23, s. 11 (6); 2017, c. 23, Sched. 5, s. 80.

(8) A notice of appeal under subsection (7) shall,

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

(b) be accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.  1996, c. 4, s. 13; 2017, c. 23, Sched. 3, s. 8 (6); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 4 (4).

(8.1) If an appeal under subsection (7) is brought in accordance with paragraph 3 or 4 of subsection (7.0.2), the council or planning board may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.  2015, c. 26, s. 21 (6).

(8.2) If the council or planning board decides to act under subsection (8.1),

(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 or planning board considers appropriate,

(ii) the person or public body that made the request to amend the plan,

(iii) the Minister,

(iv) the appropriate approval authority, and

(v) any other persons or public bodies that the council or planning board considers appropriate.   2015, c. 26, s. 21 (6).

(8.3) When the council or planning board gives a notice under clause (8.2) (a), the 15-day period mentioned in subclauses (9) (b) (ii) and (9) (c) (ii), in clauses (9.1) (b) and (9.1.1) (c) and in subsection (9.3) is extended to 75 days.  2015, c. 26, s. 21 (6).

(8.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (8.2) (b) is voluntary.  2015, c. 26, s. 21 (6).

(9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that,

(a) a record is compiled which includes the prescribed information and material;

(b) the notice of appeal, the record and the fee are forwarded to the Tribunal,

(i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed,

(ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal;

(c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from approval,

(i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed,

(ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; and

(d) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2015, c. 26, s. 21 (7); 2017, c. 23, Sched. 5, s. 88 (2).

(9.1) Clauses (9) (b) and (d) do not apply,

(a) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed;

(b) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal.   2015, c. 26, s. 21 (8).

(9.1.1) Clause (9) (c) does not apply,

(a) if the approval authority has notified the municipality or the planning board that it does not wish to receive copies of the notices of appeal and the records;

(b) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed;

(c) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal.  2015, c. 26, s. 21 (8).