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Ontario Land Tribunal Act, 2021

ONTARIO REGULATION 351/21

CONSOLIDATED HEARINGS

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 351/21.

Legislative History: 351/21.

This is the English version of a bilingual regulation.

CONTENTS

Application and Exemptions

1.

Applicable Acts

2.

Exempted undertakings

Notice of Undertaking

3.

Notice requirements

4.

Amendment of notice

5.

Withdrawal of notice

6.

Power of Tribunal to defer despite notice

Consolidated Hearings

7.

Parties, participants

8.

Notice and filing of documents

9.

Procedures, Environmental Assessment Act approvals

9.

Procedures, Environmental Assessment Act approvals

 

Application and Exemptions

Applicable Acts

1. The following Acts are prescribed for the purposes of section 21 of the Act:

1.  Aggregate Resources Act.

2.  City of Toronto Act, 2006.

3.  Clean Water Act, 2006.

4.  Environmental Assessment Act.

5.  Environmental Protection Act.

6.  Expropriations Act, section 7.

7.  Municipal Act, 2001.

8.  Niagara Escarpment Planning and Development Act.

9.  Ontario Planning and Development Act, 1994.

10.  Ontario Water Resources Act.

11.  Planning Act.

Exempted undertakings

2. (1) An undertaking is exempt from section 21 of the Act if,

(a)  a hearing described in Column 1 of Table 1 of this section is or may be required in respect of the undertaking; and

(b)  no other hearing under an Act listed under section 1, other than a hearing described in Column 2 of Table 1 of this section in the corresponding row, is or may be required in respect of the undertaking.

Table 1

Item

Column 1

Column 2

1.

Any hearing

Any hearing on an appeal or other review of a decision made in connection with the hearing referred to in Column 1

2.

A hearing under the Planning Act or under section 114 of the City of Toronto Act, 2006

A hearing under section 45 of the Planning Act

3.

A hearing under the Ontario Water Resources Act, other than subsection 74 (4), or under the Environmental Protection Act, other than subsection 20.15 (1) or 36 (1)

A hearing under the City of Toronto Act, 2006, the Municipal Act, 2001, the Ontario Planning and Development Act, 1994 or the Planning Act

 

(2) All undertakings to which section 21 of the Act would apply in relation to the Aggregate Resources Act as a result of paragraph 1 of section 1 are exempt from section 21 of the Act other than an undertaking in relation to which a hearing is or may be required under the Niagara Escarpment Planning and Development Act.

Notice of Undertaking

Notice requirements

3. For the purposes of subsection 21 (3) of the Act, notice of an undertaking shall specify the general nature of the undertaking, the hearings that are or may be required to be held and the Acts under which the hearings are or may be required to be held.

Amendment of notice

4. (1) A proponent may, before the start of a consolidated hearing, amend an incorrect or incomplete notice of an undertaking by notice to the Tribunal.

(2) The Tribunal may, on motion by a party or other person entitled to participate in a consolidated hearing or on its own initiative, amend a notice of an undertaking, and in so doing may impose such terms and conditions and give such directions as it considers appropriate.

Withdrawal of notice

5. (1) A proponent who does not intend to proceed with an undertaking may, subject to the Tribunal’s approval, withdraw a notice of an undertaking.

(2) Subsection 21 (4) of the Act does not apply to an undertaking if notice of the undertaking is withdrawn.

Power of Tribunal to defer despite notice

6. (1) Despite subsection 21 (4) of the Act, the Tribunal may defer any matter in a consolidated hearing,

(a)  to be heard and decided by the Tribunal at another time; or

(b)  to be decided by the administrative tribunal, person or body that, but for section 21 of the Act, would have a power, right or duty to deal with the matter.

(2) If the Tribunal defers a matter under subsection (1),

(a)  the Tribunal may impose such terms and conditions and give such directions in respect of the deferred matter as the Tribunal considers appropriate; and

(b)  if the matter is deferred under clause (1) (b), the administrative tribunal, person or body shall decide the matter in accordance with the Tribunal’s terms, conditions and directions.

(3) A reference in subsections (1) and (2) to a matter includes reference to a part of a matter.

Consolidated Hearings

Parties, participants

7. (1) A person who, but for section 21 of the Act, would be a party to or be entitled to participate in a proceeding before an administrative tribunal that would have a power, right or duty to hold a hearing in respect of an undertaking, has the same standing in a consolidated hearing in respect of that undertaking.

(2) Any minister of the Crown may, by counsel or otherwise, participate in a consolidated hearing.

Notice and filing of documents

8. (1) The notices and documents that, but for section 21 of the Act, would be required to be given or filed in respect of a hearing held by an administrative tribunal, shall be given or filed, as the case may be, in the same manner in respect of a consolidated hearing.

(2) Despite subsection (1), the Tribunal may change the requirements for giving notice or filing documents in respect of a consolidated hearing if it is satisfied that the change will facilitate the hearing and is not unfair to any party to or person entitled to participate in the hearing.

Procedures, Environmental Assessment Act approvals

9. (1) In this section,

“responsible Minister” means the Minister responsible for the administration of the Environmental Assessment Act.

(2) If notice is given under subsection 21 (3) of the Act with respect to an undertaking for which an approval for all or any part of the undertaking is required under Part II of the Environmental Assessment Act, a consolidated hearing shall not be held until an application for approval has been made under that Part and the responsible Minister refers the application, or a matter that relates to the application, under section 9.1, 9.2 or 11 of that Act, as the case may be.

(3) If the responsible Minister refers the application to the Tribunal under section 9.1 of the Environmental Assessment Act,

(a)  section 9.1 of the Environmental Assessment Act applies, with necessary modifications, to the consolidated hearing in respect of those aspects of the hearing that relate to Part II of that Act; and

(b)  the Tribunal shall use its best efforts to make its decision in a timely fashion, taking into account any deadline specified by the responsible Minister under subsection 9.1 (5) of the Environmental Assessment Act.

(4) If the responsible Minister refers a matter to the Tribunal under section 9.2 of the Environmental Assessment Act,

(a)  section 9.2 of the Environmental Assessment Act applies, with necessary modifications, to the consolidated hearing in respect of those aspects of the hearing that relate to Part II of that Act;

(b)  the Tribunal shall comply with any directions or conditions given by the responsible Minister under subsection 9.2 (2) of the Environmental Assessment Act in respect of those aspects of the hearing that relate to Part II of that Act; and

(c)  the Tribunal shall use its best efforts to make its decision in a timely fashion, taking into account any deadline specified by the responsible Minister under subsection 9.2 (6) of the Environmental Assessment Act.

(5) If the responsible Minister refers a matter to a tribunal or entity other than the Tribunal under section 11 of the Environmental Assessment Act,

(a)  section 11 of the Environmental Assessment Act applies, with necessary modifications, to the consolidated hearing in respect of those aspects of the hearing that relate to Part II of that Act; and

(b)  the Tribunal shall comply with any directions or conditions given by the responsible Minister under subsection 11 (3) of the Environmental Assessment Act in respect of those aspects of the hearing that relate to Part II of that Act.

(6) Nothing in subsections (3) to (5) shall be read or applied in such a way as to compromise the ability of the Tribunal to address any matter it is required to address in a consolidated hearing that relates to an Act other than the Environmental Assessment Act, or to a hearing other than the hearing contemplated under section 9.1, 9.2 or 11 of that Act.

(7) If the responsible Minister does not refer an application made under Part II of the Environmental Assessment Act, or a matter that relates to the application, under section 9.1, 9.2 or 11 of that Act, subsection 21 (4) of the Ontario Land Tribunal Act, 2021 does not apply to the undertaking unless the proponent gives a fresh notice of the undertaking to the Tribunal that does not involve Part II of the Environmental Assessment Act.

Note: On the day section 29 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 comes into force, section 9 of this Regulation is revoked and the following substituted: (See: O. Reg. 351/21, s. 10)

Procedures, Environmental Assessment Act approvals

9. (1) In this section,

“responsible Minister” means the Minister responsible for the administration of the Environmental Assessment Act. O. Reg. 351/21, s. 10.

(2) If notice is given under subsection 21 (3) of the Act with respect to an undertaking for which an approval for all or any part of the undertaking is required under Part II.3 of the Environmental Assessment Act, a consolidated hearing shall not be held until an application for approval has been made under that Part and the responsible Minister refers the application, or a matter that relates to the application, under section 17.16, 17.17 or 17.20 of that Act, as the case may be. O. Reg. 351/21, s. 10.

(3) If the responsible Minister refers the application to the Tribunal under section 17.16 of the Environmental Assessment Act,

(a)  section 17.16 of the Environmental Assessment Act applies, with necessary modifications, to the consolidated hearing in respect of those aspects of the hearing that relate to Part II.3 of that Act; and

(b)  the Tribunal shall use its best efforts to make its decision in a timely fashion, taking into account any deadline specified by the responsible Minister under subsection 17.16 (5) of the Environmental Assessment Act. O. Reg. 351/21, s. 10.

(4) If the responsible Minister refers a matter to the Tribunal under section 17.17 of the Environmental Assessment Act,

(a)  section 17.17 of the Environmental Assessment Act applies, with necessary modifications, to the consolidated hearing in respect of those aspects of the hearing that relate to Part II.3 of that Act;

(b)  the Tribunal shall comply with any directions or conditions given by the responsible Minister under subsection 17.17 (2) of the Environmental Assessment Act in respect of those aspects of the hearing that relate to Part II.3 of that Act; and

(c)  the Tribunal shall use its best efforts to make its decision in a timely fashion, taking into account any deadline specified by the responsible Minister under subsection 17.17 (6) of the Environmental Assessment Act. O. Reg. 351/21, s. 10.

(5) If the responsible Minister refers a matter to a tribunal or entity other than the Tribunal under section 17.20 of the Environmental Assessment Act,

(a)  section 17.20 of the Environmental Assessment Act applies, with necessary modifications, to the consolidated hearing in respect of those aspects of the hearing that relate to Part II.3 of that Act; and

(b)  the Tribunal shall comply with any directions or conditions given by the responsible Minister under subsection 17.20 (3) of the Environmental Assessment Act in respect of those aspects of the hearing that relate to Part II.3 of that Act. O. Reg. 351/21, s. 10.

(6) Nothing in subsections (3) to (5) shall be read or applied in such a way as to compromise the ability of the Tribunal to address any matter it is required to address in a consolidated hearing that relates to an Act other than the Environmental Assessment Act, or to a hearing other than the hearing contemplated under section 17.16, 17.17 or 17.20 of that Act. O. Reg. 351/21, s. 10.

(7) If the responsible Minister does not refer an application made under Part II.3 of the Environmental Assessment Act, or a matter that relates to the application, under section 17.16, 17.17 or 17.20 of that Act, subsection 21 (4) of the Ontario Land Tribunal Act, 2021 does not apply to the undertaking unless the proponent gives a fresh notice of the undertaking to the Tribunal that does not involve Part II.3 of the Environmental Assessment Act. O. Reg. 351/21, s. 10.

10. Omitted (provides for amendments to this Regulation).

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

 

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