O. Reg. 551/06: Local Appeal Bodies
filed December 13, 2006 under Planning Act, R.S.O. 1990, c. P.13Skip to content
ontario regulation 551/06
made under the
Made: December 12, 2006
Filed: December 13, 2006
Published on e-Laws: December 15, 2006
Printed in The Ontario Gazette: December 30, 2006
local appeal bodies
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.
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);
(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.
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.
Rules publicly available
4. A local appeal body shall make the rules established by council under clause 2 (h) available to the public.
5. This Regulation comes into force on the later of the day it is filed and the day section 7 of the Planning and Conservation Statute Law Amendment Act, 2006 comes into force.
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.
Pris par :
Le ministre des Affaires municipales et du Logement,
John Philip Gerretsen
Minister of Municipal Affairs and Housing
Date made: December 12, 2006.
Pris le : 12 décembre 2006.