O. Reg. 102/18: PLANNING ACT APPEALSSkip to content
Local Planning Appeal Tribunal Act, 2017
PLANNING ACT APPEALS
Historical version for the period March 12, 2018 to April 2, 2018.
Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on April 3, 2018, the day clause 43 (1) (a) of Schedule 1 (Local Planning Appeal Tribunal Act, 2017) to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force.
This is the English version of a bilingual regulation.
Timelines, Planning Act appeals
1. (1) The period commencing on the day on which an appeal to the Tribunal under the Planning Act is received and validated by the Tribunal and ending on the day the appeal is disposed of by the Tribunal shall not exceed the following number of months:
1. Ten months, in the case of an appeal of,
i. a decision made by a municipality or approval authority in respect of an official plan or zoning by-law, or
ii. the failure of a municipality to make a decision in respect of an official plan or zoning by-law.
2. Six months where, on an appeal referred to in paragraph 1, the Tribunal gave the municipality or approval authority an opportunity to make a new decision, and the appeal is of,
i. the new decision, or
ii. the failure of the municipality or approval authority to make a new decision.
3. Twelve months, in the case of an appeal of the failure of an approval authority to make a decision in respect of an official plan or plan of subdivision.
4. Six months, in the case of any other appeal to the Tribunal under the Planning Act.
(2) In calculating months for the purposes of subsection (1), the following periods of time shall be excluded:
1. Any period of time occurring during an adjournment of the appeal if the adjournment,
i. is granted by the Tribunal on the consent of two or more parties for the purposes of mediation, or
ii. is necessary, in the Tribunal’s opinion, to secure a fair and just determination of the appeal.
2. Any period of time during a stay of the appeal granted by the Divisional Court.
Time limit on oral submissions
2. (1) For the purposes of clause 42 (3) (a) of the Act,
(a) an oral submission made by a party shall not exceed 75 minutes; and
(b) an oral submission made by a person other than a party shall not exceed 25 minutes.
(2) The Tribunal may extend a time set out in subsection (1) if it determines that the extension is necessary for a fair and just determination of the appeal.
Restriction on witness examinations before hearing
3. In addition to the restriction under clause 42 (3) (b) of the Act on the calling or examining of witnesses at an oral hearing of an appeal described in subsection 38 (1) or (2) of the Act, no party or person may call or examine witnesses prior to the hearing of such an appeal.
4. Omitted (provides for coming into force of provisions of this Regulation).