The Wood Bull Guides

(11) Subject to subsection (11.0.0.0.1), where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council fails to make a decision on it within 90 days after the receipt by the clerk of the application, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017:

1.  The applicant.

2.  The Minister. 2017, c. 23, Sched. 3, s. 10 (1); 2019, c. 9, Sched. 12, s. 6 (1).

(11.0.0.0.1) If an amendment to a by-law passed under this section or a predecessor of this section in respect of which an application to the council is made would also require an amendment to the official plan of the local municipality and the application is made on the same day as the request to amend the official plan, an appeal to the Tribunal under subsection (11) may be made only if the application is refused or the council fails to make a decision on it within 120 days after the receipt by the clerk of the application.  2017, c. 23, Sched. 3, s. 10 (1); 2019, c. 9, Sched. 12, s. 6 (2).

(11.0.0.0.2 - 11.0.0.0.5) Repealed. 2019, c. 9, Sched. 12, s. 6 (3).

(11.0.0.1) If an application for an amendment is refused as described in subsection (11) and a notice of appeal is filed under that subsection, the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 26 (5).

(11.0.0.2) If the council decides to act under subsection (11.0.0.1),

(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 considers appropriate,

(ii) the applicant, if the applicant is not an appellant, and

(iii) any other persons or public bodies that the council considers appropriate.  2015, c. 26, s. 26 (5).

(11.0.0.3) When the council gives a notice under clause (11.0.0.2) (a), the 15-day period mentioned in clause (23) (b) is extended to 75 days.   2015, c. 26, s. 26 (5).

(11.0.0.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (11.0.0.2) (b) is voluntary.  2015, c. 26, s. 26 (5).

(11.0.1) 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 application for an amendment to a by-law unless the council has made a decision on the application or the time period referred to in subsection (11) has expired.  2006, c. 23, s. 15 (5).

(11.0.2) Repealed: 2017, c. 23, Sched. 3, s. 10 (2).

(11.0.3) A notice of appeal under subsection (11) with respect to the refusal of an application shall be filed no later than 20 days after the day that the giving of notice under subsection (10.9) is completed.  2006, c. 23, s. 15 (5).

(11.0.4) Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to implement,

(a) an alteration to all or any part of the boundary of an area of settlement; or

(b) a new area of settlement.  2006, c. 23, s. 15 (5).

(11.0.5) Despite subsection (11), if the official plan contains policies dealing with the removal of land from areas of employment, there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to remove any land from an area of employment, even if other land is proposed to be added.  2006, c. 23, s. 15 (5).

(11.0.6) Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to amend or repeal a part of the by-law that gives effect to policies described in subsection 16 (4).  2016, c. 25, Sched. 4, s. 3 (2).

(11.1) If all appeals under subsection (11) are withdrawn, the Tribunal shall notify the clerk of the municipality and the decision of the council is final and binding or the council may proceed to give notice of the public meeting or pass or refuse to pass the by-law, as the case may be.  1999, c. 12, Sched. M, s. 25 (1); 2017, c. 23, Sched. 5, s. 82.