O. Reg. 303/19: TRANSITION FOR PLANNING ACT APPEALS
filed August 29, 2019 under Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1
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made under the
Local Planning Appeal Tribunal Act, 2017
Made: August 27, 2019
Filed: August 29, 2019
Published on e-Laws: August 29, 2019
Printed in The Ontario Gazette: September 14, 2019
Transition for Planning Act Appeals
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.
(2) For the purposes of subsection (1), 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.
(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.
(4) A reference in subsection (1) 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.
Revocation
2. Ontario Regulation 101/18 is revoked.
Commencement
3. This Regulation comes into force on the later of the day section 10 of Schedule 9 to the More Homes, More Choice Act, 2019 comes into force and the day this Regulation is filed.
Made by:
Pris par :
Le procureur général,
Doug Downey
Attorney General
Date made: August 27, 2019
Pris le : 27 août 2019