You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Français

Local Planning Appeal Tribunal Act, 2017

ONTARIO REGULATION 101/18

TRANSITIONAL MATTERS

Consolidation Period: From April 3, 2018 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Matter or proceeding commenced before effective date

1. A matter or proceeding before the Tribunal that was commenced before the effective date shall be continued and disposed of in accordance with the Ontario Municipal Board Act as it read on the day before the effective date.

Exceptions

2. (1) Despite section 1, an appeal to the Tribunal that was commenced before the effective date shall be continued and disposed of in accordance with the Act and the regulations made under it if,

(a) in the case of an appeal under subsection 17 (24) of the Planning Act,

(i) the appeal is in respect of an official plan amendment adopted in response to a request under section 22 of that Act received after December 12, 2017,

(ii) the appeal is in respect of an official plan amendment adopted after December 12, 2017 that is not in response to a request under section 22 of that Act, or

(iii) the appeal is in respect of an official plan, or a repeal of an official plan, adopted after December 12, 2017;

(b) in the case of an appeal under subsection 17 (36) of the Planning Act,

(i) the appeal is in respect of a decision under subsection 17 (34) of that Act in respect of an official plan amendment adopted in response to a request under section 22 of that Act received after December 12, 2017,

(ii) the appeal is in respect of a decision under subsection 17 (34) of that Act in respect of an official plan amendment adopted after December 12, 2017 that is not in response to a request under section 22 of that Act, or

(iii) the appeal is in respect of a decision under subsection 17 (34) of that Act in respect of an official plan, or a repeal of an official plan, adopted after December 12, 2017;

(c) in the case of an appeal under subsection 22 (7) of the Planning Act, the appeal is in respect of a request to amend an official plan under section 22 of that Act received after December 12, 2017;

(d) in the case of an appeal under subsection 34 (11) of the Planning Act, the appeal is in respect of an application to amend a zoning by-law under section 34 of that Act received after December 12, 2017; or

(e) in the case of an appeal under subsection 34 (19) of the Planning Act,

(i) the appeal is in respect of a zoning by-law passed in response to an application under section 34 of that Act received after December 12, 2017, or

(ii) the appeal is in respect of a zoning by-law passed after December 12, 2017 that is not in response to an application under section 34 of that Act.

(2) Subsection (1) does not apply if, on the effective date, the Tribunal has completed its hearing of the appeal, even if it has reserved its final decision.

(3) Despite section 1, an appeal to the Tribunal under subsection 17 (40) of the Planning Act shall be continued and disposed of in accordance with the Ontario Municipal Board Act as it read on the day before the effective date if,

(a) the appeal was commenced on or after the effective date; and

(b) the appeal is in relation to an official plan, official plan amendment or repeal of an official plan that is the subject of another appeal under subsection 17 (40) of the Planning Act that was commenced before the effective date.

Commencement day

3. For the purposes of this Regulation,

(a) an appeal under subsection 17 (24) of the Planning Act is deemed to have been commenced on the day the giving of notice under subsection (23) of that section was completed;

(b) an appeal under subsection 17 (36) of the Planning Act is deemed to have been commenced on the day the giving of notice under subsection (35) of that section was completed;

(c) an appeal under subsection 22 (7) of the Planning Act brought in accordance with paragraph 3 or 4 of subsection (7.0.2) of that section is deemed to have been commenced on the day the giving of notice under subsection (6.6) of that section was completed;

(d) an appeal under subsection 34 (11) of the Planning Act with respect to the refusal of an application is deemed to have been commenced on the day the giving of notice under subsection (10.9) of that section was completed; and

(e) an appeal under subsection 34 (19) of the Planning Act is deemed to have been commenced on the day the giving of notice under subsection (18) of that section was completed.

4. Omitted (provides for coming into force of provisions of this Regulation).

 

Français