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O. Reg. 382/19: TRANSITION FOR PLANNING ACT APPEALS

filed November 15, 2019 under Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1

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ontario regulation 382/19

made under the

Local Planning Appeal Tribunal Act, 2017

Made: November 15, 2019
Filed: November 15, 2019
Published on e-Laws: November 15, 2019
Printed in The Ontario Gazette: November 30, 2019

Amending O. Reg. 303/19

(TRANSITION FOR PLANNING ACT APPEALS)

1. (1) Section 1 of Ontario Regulation 303/19 is amended by adding the following subsections:

(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.

(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.

(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.

(2) Subsection 1 (2) of the Regulation is amended by striking out “subsection (1)” and substituting “this section”.

(3) Subsection 1 (4) of the Regulation is amended by striking out “subsection (1)” and substituting “this section”.

Commencement

2. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le procureur général,

Doug Downey

Attorney General

Date made: November 15, 2019
Pris le : 15 novembre 2019

 

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