O. Reg. 551/06: LOCAL APPEAL BODIESSkip to content
local appeal bodies
Historical version for the period March 5, 2018 to April 2, 2018.
Last amendment: 70/18.
Legislative History: 70/18.
This is the English version of a bilingual regulation.
Conditions for establishing local appeal body
1. The council of a municipality may pass a by-law to constitute and appoint a local appeal body, as described in subsection 8.1 (1) of the Act, if the following conditions are met:
1. The council has made a resolution declaring that,
i. the official plan of the municipality that is in effect has been adopted in accordance with subsection 26 (1) of the Act, and
ii. the municipality has complied with subsection 26 (9) of the Act.
2. The by-law complies with section 2. O. Reg. 551/06, s. 1.
2. The by-law described in section 1 shall,
(a) indicate, in accordance with subsection 8.1 (6) of the Act, whether the local appeal board is empowered to hear appeals under,
(i) subsection 45 (12) of the Act,
(ii) subsections 53 (14), (19) and (27) of the Act, or
(iii) the provisions listed in both subclauses (i) and (ii);
Note: On April 3, 2018, clause 2 (a) of the Regulation is revoked and the following substituted: (See: O. Reg. 70/18, s. 1)
(a) indicate, in accordance with subsection 8.1 (6) of the Act, whether the local appeal body is empowered to hear appeals under,
(i) subsections 41 (4.2), (12) and (12.0.1) of the Act,
(ii) subsection 45 (12) of the Act,
(iii) subsections 53 (4.1), (14), (19) and (27) of the Act, or
(iv) the provisions listed in any combination of subclauses (i), (ii) and (iii);
(b) contain a detailed description of the process for appointing members and a secretary to the local appeal body and a detailed list of the criteria the council will use in making appointments;
(c) contain details about the compensation of the members and secretary;
(d) specify the term for which the members shall serve;
(e) state whether the members are to serve on a part-time or full-time basis;
(f) specify the roles, powers and duties of the members, including the chair, and of the secretary;
(g) establish fees for the purpose of clause 8.1 (9) of the Act;
(h) set out rules governing the practice and procedure before the local appeal body, dealing with, as a minimum, the matters listed in Schedule 1;
(i) specify how this by-law will be made available to the public; and
(j) set out requirements for financial and administrative reporting by the local appeal body and any requirements for the auditing of the local appeal body. O. Reg. 551/06, s. 2.
By-law not limited
3. Nothing in section 2 limits the matters that may be contained in a by-law constituting and appointing a local appeal body, as described in subsection 8.1 (1) of the Act. O. Reg. 551/06, s. 3.
Rules publicly available
4. A local appeal body shall make the rules established by council under clause 2 (h) available to the public. O. Reg. 551/06, s. 4.
5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 551/06, s. 5.
Matters to be Dealt With in Rules of Practice and procedure
The rules governing the practice and procedure before the local appeal body shall deal with, as a minimum, the following matters:
1. Application of rules.
2. Representatives and notice to representatives.
3. Timing of proceedings.
4. How proceedings are commenced.
6. Documents, exhibits, filing and service.
8. Motions and forms.
9. Settlement before hearing.
10. Compelling attendance of witnesses by summons.
11. Consolidated hearings.
14. Pre-hearing conferences.
15. The manner in which hearings are held.
16. Quorum and panels.
17. Effect of expiry of member’s term during hearing.
18. Vacancies on local appeal body.
19. Decisions and orders.
O. Reg. 551/06, Sched. 1.