O. Reg. 303/19: TRANSITION FOR PLANNING ACT APPEALS
under Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1
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TRANSITION FOR PLANNING ACT APPEALS
Note: This Regulation was revoked on June 1, 2021. (See: 2021, c. 4, Sched. 6, s. 59 (2))
Last amendment: 2021, c. 4, Sched. 6, s. 59 (2).
Legislative History: 382/19, 2021, c. 4, Sched. 6, s. 59 (2).
This is the English version of a bilingual regulation.
Continuation of existing appeals
1. (1) An appeal to the Tribunal that was commenced under subsection 17 (24), (36) or (40), 22 (7), 34 (11) or (19) or 51 (34) of the Planning Act before the effective date but not disposed of before that date shall be continued and disposed of as follows:
1. If the appeal was commenced before April 3, 2018 and continued under the Ontario Municipal Board Act, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it reads on and after the effective date, other than section 33.1 of the Act.
2. If the appeal was commenced before April 3, 2018 and continued under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before the effective date, and a hearing on the merits of the appeal was scheduled before the effective date, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before the effective date.
3. If the appeal was commenced before April 3, 2018 and continued under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before the effective date, and a hearing on the merits of the appeal was not scheduled before the effective date, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it reads on and after the effective date.
4. If the appeal was commenced on or after April 3, 2018 but before the effective date, and a hearing on the merits of the appeal was scheduled before the effective date, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before the effective date.
5. If the appeal was commenced on or after April 3, 2018 but before the effective date, and a hearing on the merits of the appeal was not scheduled before the effective date, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it reads on and after the effective date. O. Reg. 303/19, s. 1 (1).
(1.1) Despite paragraphs 3 and 5 of subsection (1), an appeal described in subsection (1.2) shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before the effective date. O. Reg. 382/19, s. 1 (1).
(1.2) Subsection (1.1) applies in respect of an appeal commenced before the effective date but not disposed of before that date if a hearing on the merits of the appeal was not scheduled before the day subsection 1 (1) of Ontario Regulation 382/19 made under the Act comes into force and the appeal meets one of the following descriptions:
1. The appeal was made under subsection 17 (24) or (36) of the Planning Act in respect of an official plan amendment adopted in response to a request under section 22 of that Act and was made by a person other than the person or public body who made the request under section 22 of that Act, any other public body or the Minister of Municipal Affairs and Housing.
2. The appeal was made under subsection 34 (19) of the Planning Act in respect of a zoning by-law passed in response to an application made under section 34 of that Act and was made by a person other than the applicant, a public body or the Minister of Municipal Affairs and Housing. O. Reg. 382/19, s. 1 (1).
(1.3) Subsections (1.1) and (1.2) do not apply in respect of an appeal in relation to an official plan amendment or a zoning by-law that is the subject of another appeal made under subsection 17 (24) or (36) or 34 (19) of the Planning Act, as applicable, that was commenced or continued under the Local Planning Appeal Tribunal Act, 2017 as it reads on and after the effective date and that was made by,
(a) in the case of an appeal mentioned in paragraph 1 of subsection (1.2), the person or public body who made the request under section 22 of the Planning Act, any other public body or the Minister of Municipal Affairs and Housing; and
(b) in the case of an appeal mentioned in paragraph 2 of subsection (1.2), the applicant, a public body or the Minister of Municipal Affairs and Housing. O. Reg. 382/19, s. 1 (1).
(2) For the purposes of this section, a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. O. Reg. 303/19, s. 1 (2); O. Reg. 382/19, s. 1 (2).
(3) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. O. Reg. 303/19, s. 1 (3).
(4) A reference in this section to the Local Planning Appeal Tribunal Act, 2017 as it read immediately before the effective date includes reference to Ontario Regulation 102/18 (Planning Act Appeals), made under the Act, as it read immediately before that date, but does not include reference to Ontario Regulation 101/18 (Transitional Matters), made under the Act. O. Reg. 303/19, s. 1 (4); O. Reg. 382/19, s. 1 (3).
2. Omitted (revokes other Regulations).
3. Omitted (provides for coming into force of provisions of this Regulation).