[41] Bill 139 Royal Assent (PDF)
EXPLANATORY NOTE
This
Explanatory Note was written as a reader's aid to Bill 139 and does not form
part of the law.
Bill 139 has been enacted as Chapter 23 of the Statutes of Ontario, 2017.
Schedule
1
Local planning appeal tribunal Act, 2017
The Local Planning Appeal Tribunal Act, 2017 is enacted. The new Act continues the Ontario Municipal Board under the name the Local Planning Appeal Tribunal and repeals the Ontario Municipal Board Act.
Many provisions in the new Act and the old Act are substantively the same. Changes are made to the practices and procedures applicable to proceedings before the Tribunal. The new Act lists types of rules that the Tribunal may make regarding its practices and procedures and specifies certain powers of the Tribunal regarding proceedings. For example, the Tribunal may require a case management conference to be held for any proceeding for purposes such as identifying the issues raised by the proceeding, discussing opportunities for settlement and determining administrative details of the conduct of hearings.
The new Act includes provisions applicable to certain appeals of decisions regarding official plans, zoning by-laws or plans of subdivision made under the Planning Act. It provides that a case management conference is mandatory in all such appeals, addresses how a person other than a party to the appeal may participate in the proceeding and sets out requirements applicable if an oral hearing is held in the appeal.
Related regulation-making powers are added, including the authority to prescribe timelines applicable to proceedings on appeals to the Tribunal under the Planning Act. The new Act also updates language that was used in the old Act, eliminates obsolete provisions and revokes regulations made under the Ontario Municipal Board Act.
Schedule 2
Local planning Appeal Support Centre Act, 2017
The Schedule enacts the Local Planning Appeal Support Centre Act, 2017, which establishes the Local Planning Appeal Support Centre. The Centre is a non-share corporation, the objects of which are,
(a) to establish and administer a cost-effective and efficient system for providing support services to eligible persons respecting matters governed by the Planning Act that are under the jurisdiction of the Local Planning Appeal Tribunal; and
(b) to establish policies and priorities for the provision of the support services based on its financial resources.
The Centre is not an agent of the Crown nor a Crown agency. It is independent from, but accountable to, the Government of Ontario. (Sections 2 and 3).
Section 4 of the Schedule sets out the support services the Centre is required to provide. Support services must be available throughout Ontario (section 6). Section 5 provides authority for the Centre to establish eligibility criteria for the receipt of support services, subject to regulations made under the Act.
The remaining sections set out the Centre's governance structure and reporting requirements (sections 7 to 11), liability immunity provisions (sections 12 and 13), by-law making authority for the Centre (section 14), and related regulation-making powers of the Lieutenant Governor in Council (section 15).
Schedule 3
Amendments to the Planning Act, the City of Toronto Act, 2006
and the Ontario Planning and Development Act, 1994
The Schedule amends the Planning Act, the City of Toronto Act, 2006 and the Ontario Planning and Development Act, 1994. Here are highlights of some of those amendments:
The Schedule includes consequential amendments to reflect the enactment of the Local Planning Appeal Tribunal Act, 2017. These include changing the references to the Ontario Municipal Board Act so they refer to the Local Planning Appeal Tribunal Act, 2017 and references to the Ontario Municipal Board so they refer to the Local Planning Appeal Tribunal. Other similar consequential amendments to various Acts are set out in Schedule 5.
The definition of "provincial plan" in subsection 1 (1) of the Planning Act is amended to include certain policies referred to in the Lake Simcoe Protection Act, 2008, the Great Lakes Protection Act, 2015 and the Clean Water Act, 2006.
Section 2.1 of the Planning Act currently requires approval authorities and the Ontario Municipal Board, when they make decisions relating to planning matters, to "have regard to" decisions of municipal councils and approval authorities relating to the same planning matter, and to any supporting information and material that was before a municipal council or approval authority relating to the same planning matter. The section is amended to limit its application to specified planning matters relating to official plans, zoning by-laws, interim control by-laws, site plan control, plans of subdivision and consents.
Section 3 of the Planning Act currently governs the issuance of policy statements on matters relating to municipal planning. The section is amended to authorize policy statements to require approvals or determinations by one or more ministers for any of the matters provided for in the policy statement. The section is also amended to deem policy statements issued under the Metrolinx Act, 2006, the Resource Recovery and Circular Economy Act, 2016 and other prescribed policies or statements to be policy statements issued under section 3 of the Planning Act.
Section 8.1 of the Planning Act currently provides for the establishment of a local appeal body which can deal with appeals of certain planning matters. Amendments are made to expand those matters to include appeals and motions for directions related to site plan control and motions for directions related to consents. Amendments are also made to the transitional rules associated with the empowerment of local appeal bodies. Similar amendments are made to section 115 of the City of Toronto Act, 2006.
Section 16 of the Planning Act currently governs the content of official plans. A new clause 16 (1) (a.1) requires official plans to contain policies relating to affordable housing and a new subsection 16 (14) requires official plans to contain policies relating to climate change. The section is also amended to allow official plans to include policies relating to development around higher order transit stations and stops. These policies would require approval by an approval authority. Decisions on these policies cannot be appealed except by the Minister and requests to amend the policies can only be made with council approval (see subsections 17 (36.1.4) to (36.1.7) and 22 (2.1.3)). When these policies are in place, zoning by-laws that establish permitted uses, minimum and maximum densities and, except in certain circumstances, minimum and maximum heights cannot be appealed except by the Minister (see subsections 34 (19.5) to (19.8)).
New subsections 17 (24.0.1) and (36.0.1) of the Planning Act provide that an appeal concerning the adoption or approval of an official plan is restricted to issues of consistency or conformity with provincial plans and policy statements and, as applicable, conformity with official plan policies of upper-tier municipalities. New subsections 17 (49.1) to (49.12) provide rules concerning the Tribunal's powers in connection with such appeals. The authority of the Tribunal to allow such appeals is limited, but where an appeal is allowed, the municipality has a second opportunity to make a decision. If that decision is appealed and the Tribunal again determines that it did not meet the new standard of review, the Tribunal would make another decision. Special rules are provided for certain circumstances where a revised plan is presented to the Tribunal on consent of specified parties. Similar amendments are made to section 22 with respect to appeals of refusals and non-decisions on requests to amend official plans and to section 34 with respect to appeals related to zoning by-laws. In the case of appeals of refusals and non-decisions on applications to amend zoning by-laws, the new subsection 34 (26.13) provides that these appeals shall not be dismissed on the basis of the existing subsection 24 (4) of the Act. Certain rules in section 17, as they read before being amended by the Schedule, are incorporated by reference in section 28 for the purposes of the process, including the appeal process, related to community improvement plans. Similarly, certain rules in section 34, as they read before being amended by the Schedule, are incorporated by reference in sections 38 and 45 for the purposes of the process, including the appeal process, related to interim control by-laws and by-laws establishing municipal criteria for minor variances.
Currently, subsections 17 (51), 22 (11.1) and 34 (27) of the Planning Act allow the Minister to advise the Ontario Municipal Board that a matter of provincial interest is, or is likely to be, adversely affected by an official plan or zoning matter appealed to the Board. When the Minister so advises the Board, its decision is not final unless confirmed by the Lieutenant Governor in Council. Currently the Minister must advise the Board not later than 30 days before the hearing of the matter. Amendments are made to require the Minister to advise the Local Planning Appeal Tribunal not later than 30 days after the Tribunal gives notice of a hearing. When the Tribunal is so advised by the Minister, the new limits to the Tribunal's powers on appeal described in the above paragraph would not apply; however, the Tribunal's decision would not be final unless confirmed by the Lieutenant Governor in Council.
New subsections 17 (36.5) and 21 (3) of the Planning Act provide that there is no appeal in respect of an official plan or an official plan amendment adopted in accordance with section 26, if the approval authority is the Minister.
In circumstances where no person or public body has a right of appeal in relation to a decision on an official plan, new subsections 17 (27.1) and (38.1) provide for the plan to come into effect on the day after the decision.
Timelines for making decisions related to official plans and zoning by-laws are extended by 30 days (see amendments to sections 17, 22, 34 and 36 of the Planning Act). For applications to amend zoning by-laws submitted concurrently with requests to amend a local municipality's official plans, the timeline is extended to 210 days (see subsection 34 (11.0.0.0.1)).
A new subsection 22 (2.1.1) of the Planning Act provides that during the two-year period following the adoption of a new secondary plan, applications for amendment are permitted only with council approval. Subsection 22 (2.1.2) describes a secondary plan as a part of an official plan added by amendment that provides more detailed policies and land use designations applicable to part of a municipality.
Currently, subsection 22 (11) of the Planning Act incorporates by reference various rules from section 17 concerning appeals to the Ontario Municipal Board. Amendments are made to remove the incorporation by reference and to add those rules as new subsections 22 (11) to (11.0.7), with the corresponding changes that are made to the rules in section 17.
Currently, under subsection 38 (4) of the Planning Act, anyone who is given notice of the passing of an interim control by-law may appeal the by-law within 60 days after the by-law is passed. Amendments are made to allow only the Minister to appeal an interim control by-law when it is first passed. Any person or public body who is given notice of the extension of the by-law can appeal the extension.
Section 41 of the Planning Act is amended to make technical changes relating to appeals to the Tribunal concerning site plan control, including a requirement that the clerk forward specified things shortly after the notice of appeal is filed.
Subsection 41 (16) of the Planning Act currently provides that section 41 does not apply to the City of Toronto, except for certain subsections. Subsection 14 (16) is amended to remove the references to those excepted subsections. Section 114 of the City of Toronto Act, 2006 is amended to reflect the rules that were contained in those excepted subsections.
Currently, under section 47 of the Planning Act, the Minister may make orders exercising zoning powers or deeming plans of subdivision not to be registered for the purposes of section 50. The rules governing amendments and revocations of such orders are amended. The Minister may refer a request from a person or public body to amend or revoke an order to the Tribunal. If the Tribunal conducts a hearing, the Tribunal must make a written recommendation to the Minister. The Minister may decide to amend or revoke the order and must forward a copy of his or her decision to the specified persons. A new rule also provides that a proponent of an undertaking shall not give notice under the Consolidated Hearings Act in respect of a request to amend a Minister's order unless Minister has referred the matter to the Local Planning Appeal Tribunal. A similar rule is added to section 6 of the Ontario Planning and Development Act, 1994, which governs the process for amending development plans.
Subsection 51 (52.4) of the Planning Act currently allows the Ontario Municipal Board to consider whether information and material that is presented at a hearing of certain appeals related to plans of subdivision and was not provided to the approval authority could have materially affected the approval authority's decision. If the Board determines that it could have done so, the Board is required to give the approval authority an opportunity to reconsider its decision. The subsection is repealed and replaced to prevent information and material that was not provided to the approval authority in the first instance from being admitted into evidence if the approval authority requests to be given an opportunity to reconsider its decision and to make a written recommendation.
New section 70.8 of the Planning Act authorizes the Minister to make regulations providing for transitional matters. Subsection 70.8 (3) sets out additional regulation-making authority that applies where a transitional regulation provides for a matter or proceeding to be continued and disposed of in accordance with the Act as it read on the effective date, as defined in the regulations, where a notice of appeal is filed after the day the Bill receives Royal Assent but before the effective date. Subsections 70.8 (6) to (12) set out various immunity provisions relating to anything done under section 70.8.
Various technical amendments are also made to the Planning Act.
Schedule 4
Amendments to the Conservation Authorities Act
The Schedule makes numerous amendments to the Conservation Authorities Act. In addition to many housekeeping amendments, the Schedule makes more significant amendments as follows:
A new purpose section (section 0.1) is added to the Act.
Various amendments are made in relation to the enlargement of the area of jurisdiction of an authority, the amalgamation of two or more authorities and the dissolution of an authority (sections 10, 11 and 13.1), including amendments relating to the notice that is required before some of these events can occur. Also, the amendments to section 11 add a requirement for the Minister's approval of any amalgamation of two or more authorities.
Some amendments are made in relation to the membership and governance of authorities (sections 14 to 19.1). The rules relating to the appointment and term of office of members of an authority are clarified. The maximum term of office of a member is increased from three to four years. A requirement that meetings of the authority be open to the public is added, subject to exceptions that may be provided in an authority's by-laws. Authorities are required to establish advisory boards in accordance with the regulations. A new section 19.1 is enacted setting out the power of an authority to make by-laws in relation to its governance, including its meetings, employees, officers and its executive committee. Many of these powers were previously regulation-making powers that the authorities held under section 30 of the Act. The Minister may direct an authority to make or amend a by-law within a specified time. If the authority fails to do so, the Minister has the power to make a regulation that has the same effect as the by-law was intended to have.
Amendments are made to the objects, powers and duties of authorities (sections 20 to 27.1) in particular their powers in relation to programs and services and in relation to projects that they undertake. New section 21.1 sets out the three types of programs and services that an authority is required or permitted to provide: the mandatory programs and services that are required by regulation, the municipal programs and services that it provides on behalf of municipalities and other programs and services that it determines to provide to further its objects. New section 21.2 sets out the rules for when an authority may charge fees for the programs and services it provides and the rules for determining the amount of the fees charged. Authorities are required to maintain a fee schedule that sets out the programs and services in respect of which it charges a fee and the amount of the fees. The fee schedule is set out in a written fee policy that is available to the public. Persons who are charged a fee by an authority may apply to the authority to reconsider the charging of the fee or the amount of the fee. Sections 24 to 27 of the Act are repealed and replaced with new sections allowing authorities to recover their capital costs with respect to projects that they undertake and their operating expenses from their participating municipalities. Currently the apportionment of those costs and expenses is based on a determination of the benefit each participating municipality receives from a project or from the authority. The amendments provide that the apportionment will be determined in accordance with the regulations.
The provisions regulating activities that may be carried out in the areas over which authorities have jurisdiction are substantively amended (sections 28 and 29). Section 28 of the Act is repealed. That section currently gives authorities certain regulation-making powers, including the power to regulate the straightening, changing and diverting of watercourses and development in their areas of jurisdiction and to prohibit or require the permission of the authority for such activities. The re-enacted section 28 prohibits such activities so that the previous regulation-making power is no longer required. Furthermore, new section 28.1 gives the authorities the power to issue permits allowing persons to engage in the prohibited activities and section 28.3 allows authorities to cancel the permits in specified circumstances. New regulation-making powers are set out in section 28.5 in respect of activities that impact the conservation, restoration, development or management of natural resources.
Sections 30 and 30.1 are repealed and sections 30.1 to 30.7 are enacted in relation to the enforcement of the Act and offences. Authorities are given the power to appoint officers who may enter lands to ensure compliance with the Act, the regulations and with permit conditions. The officers are also given the power to issue stop orders in specified circumstances. Offences for contraventions of the Act, the regulations, permit conditions and stop orders are set out in section 30.6 and the maximum fines under the Act are increased from $10,000 to $50,000 in the case of an individual and to $1,000,000 in the case of a corporation. An additional fine of $10,000 a day for individuals and $200,000 a day for corporations may be imposed for each day the offence continues after the conviction. Section 30.7 expands the existing powers of the court when ordering persons convicted of an offence to repair or rehabilitate any damage resulting from the commission of the offence.
Various regulation-making powers are enacted.
Schedule 5
Amendments to Various Acts Consequential to the Enactment of the Local Planning
Appeal Tribunal Act, 2017
Consequential amendments are made to various Acts to change references to the Ontario Municipal Board Act so they refer to the Local Planning Appeal Tribunal Act, 2017 and to change references to the Ontario Municipal Board so they refer to the Local Planning Appeal Tribunal.
Bill 139 2017
An Act to enact the Local Planning Appeal Tribunal Act, 2017 and the Local Planning Appeal Support Centre Act, 2017 and to amend the Planning Act, the Conservation Authorities Act and various other Acts
CONTENTS
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Contents of this Act |
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Commencement |
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Short title |
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Local Planning Appeal Tribunal Act, 2017 |
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Local Planning Appeal Support Centre Act, 2017 |
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Amendments to the Planning Act, the City of Toronto Act, 2006 and the Ontario Planning and Development Act, 1994 |
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Amendments to the Conservation Authorities Act |
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Amendments to Various Acts Consequential to the Enactment of the Local Planning Appeal Tribunal Act, 2017 |
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of this Act
1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
2 (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
(2) The Schedules to this Act come into force as provided in each Schedule.
(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
3 The short title of this Act is the Building Better Communities and Conserving Watersheds Act, 2017.
Schedule
1
Local planning appeal tribunal Act, 2017
CONTENTS
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PART I |
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Definitions |
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PART II |
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Ontario Municipal Board continued as the Tribunal |
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Composition of Tribunal |
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Quorum |
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More than two members presiding |
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Term of office |
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Employees |
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Protection from being called as witness |
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Protection from personal liability |
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Use of meeting facility |
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PART III |
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Exclusive jurisdiction |
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Power to make orders |
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Power to enter, inspect |
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Power to set, charge fees |
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PART IV |
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General municipal jurisdiction of the Tribunal |
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Voluntary application for approval of by-laws |
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Application to Tribunal for approval of by-law authorizing borrowing |
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Approval to be withheld where litigation pending |
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Time for certifying validity of debentures |
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Validation of by-laws and debentures |
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Debentures to be certified |
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Validity of certified debentures |
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Scope of Tribunal inquiry |
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When electors' assent may be dispensed with |
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Limitation re undertaking debt |
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Inquiry by the Tribunal |
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Tribunal may impose conditions on giving approval |
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PART V |
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Interpretation |
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Application of Part to all railways |
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Jurisdiction and powers of Tribunal |
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PART VI |
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Disposition of proceedings |
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Rules |
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Powers of Tribunal re proceedings |
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Decisions of Tribunal to be final |
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Review of Tribunal decision |
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Stating case for opinion of Divisional Court |
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Appeal |
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Application of section |
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Mandatory case management conference |
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Participation by other persons, subs. 38 (1) |
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Participation by other persons; subs. 38 (2) |
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Oral hearings |
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Regulations |
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44. |
Regulations re costs |
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PART VII |
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Repeal |
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Revocations |
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Commencement |
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Short Title |
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Part I
Interpretation
Definitions
1 In this Act,
"approval authority" means an approval authority under section 17 of the Planning Act; ("autorité approbatrice")
"local board" means any board, commission, committee, body or local authority established under or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or part of a municipality, and includes the following:
1. A school board.
2. A public utility commission.
3. A transportation commission.
4. A public library board.
5. A board of park management.
6. A board of health.
7. A police services board.
8. A planning board; ("conseil local")
"municipality" includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory; ("municipalité")
"rules" means the rules made by the Tribunal under section 32; ("règles")
"Tribunal" means the Local Planning Appeal Tribunal established under this Act. ("Tribunal")
Part II
Constitution of the Tribunal
Ontario Municipal Board continued as the Tribunal
2 (1) The Ontario Municipal Board is continued under the name Local Planning Appeal Tribunal in English and Tribunal d'appel de l'aménagement local in French.
References to Ontario Municipal Board
(2) A reference to the Ontario Municipal Board or to that board under any other name in any general or special Act or in any regulation is deemed to be a reference to the Tribunal.
Composition of Tribunal
3 (1) The Tribunal shall be composed of members appointed by the Lieutenant Governor in Council.
Chair, vice chair
(2) The Lieutenant Governor in Council shall appoint a chair and may appoint one or more vice-chairs from among the members of the Tribunal.
Alternate chair
(3) The Lieutenant Governor in Council shall designate one of the members of the Tribunal to be the alternate chair.
Same
(4) If the chair is unable to act, the alternate chair shall perform the duties of the chair and, for this purpose, has all the powers of the chair.
Duties of chair
(5) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal and shall arrange the sittings of the Tribunal and assign members of the Tribunal to the sittings as necessary.
Quorum
4 One member of the Tribunal constitutes a quorum and is sufficient for the exercise of all of the jurisdiction and powers of the Tribunal.
More than two members presiding
5 If more than two members of the Tribunal preside over a hearing, the number of members shall be uneven.
Term of office
6 (1) A member of the Tribunal shall be appointed for the term specified by the Lieutenant Governor in Council.
Term expires
(2) If the term of office of a member of the Tribunal who has participated in a proceeding expires before the proceeding is disposed of, the term shall be deemed to continue, but only for the purpose of disposing of the proceeding, and for no other purpose.
Employees
7 The Tribunal may appoint such employees as it considers necessary for the conduct of its affairs and the employees shall be appointed under Part III of the Public Service of Ontario Act, 2006.
Protection from being called as witness
8 A member or employee of the Tribunal shall not be required to give testimony in a civil suit or any proceeding with regard to information obtained by the member or employee in the discharge of their duties.
Protection from personal liability
9 (1) No action or other proceeding may be instituted against the Tribunal or a member or employee of the Tribunal for any act done or omitted in good faith in the performance or intended performance of any duty under any general or special Act or in the exercise or intended exercise of any power under any general or special Act.
Crown liability
(2) Despite subsections 5 (2) to (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject.
Use of meeting facility
10 If the Tribunal holds a sitting in a municipality in which there is an appropriate meeting facility belonging to the municipality, the municipality shall, upon request, allow the sitting to be held in the facility and shall make all necessary arrangements for the sitting.
Part III
gENERAL jURISDICTION AND pOWERS
Exclusive jurisdiction
11 (1) The Tribunal has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this Act or by any other general or special Act.
Power to determine law and fact
(2) The Tribunal has authority to hear and determine all questions of law or of fact with respect to all matters within its jurisdiction, unless limited by this Act or any other general or special Act.
Power to make orders
12 (1) The Tribunal has authority to make orders or give directions as may be necessary or incidental to the exercise of the powers conferred upon the Tribunal under this Act or any other general or special Act.
Conditions in orders
(2) The Tribunal may include in an order conditions that it considers fair in the circumstances, including a condition that the order comes into force at a future fixed time or upon the performance of terms imposed by the Tribunal.
Interim orders without notice
(3) The Tribunal may make an interim order without notice, if it is of the opinion that it is necessary to do so, but no such order shall be made for any longer time than the Tribunal may consider necessary to enable the matter to be heard and determined.
Partial or other relief than that applied for
(4) Unless any general or special Act specifies otherwise in respect of a proceeding before the Tribunal, the Tribunal may, as it considers to be just and proper,
(a) make an order granting all or part of the application; or
(b) make an order granting relief that is additional to or different from the relief applied for.
Extension of time specified in order
(5) When an order or decision of the Tribunal requires anything to be done within a specified time, the Tribunal may, upon notice and hearing, extend the specified time.
Same
(6) Despite subsection (5), the Tribunal may extend a specified time without notice if the Tribunal is of the opinion that it is necessary to do so.
Power to enter, inspect
13 (1) A member or employee of the Tribunal may, without warrant, enter into and inspect at any reasonable time any place, other than a dwelling, where the member or employee has reason to believe there may be evidence relevant to a proceeding before the Tribunal.
Identification
(2) A person who exercises the power conferred under subsection (1) shall identify himself or herself to the owner or occupier of the place and shall explain the purpose of the entry and inspection.
Power to set, charge fees
14 (1) The Tribunal may, subject to the approval of the Attorney General, set and charge fees,
(a) in respect of proceedings brought before the Tribunal;
(b) for furnishing copies of forms, notices or documents filed with or issued by the Tribunal or otherwise in the possession of the Tribunal; and
(c) for other services provided by the Tribunal.
Same
(2) The Tribunal may treat different kinds of proceedings differently in setting fees.
Make fees public
(3) The Tribunal shall ensure that its fee structure is available to the public.
Where fees may be waived
(4) The Tribunal may waive all or any portion of fees for individuals who are determined, in accordance with the rules, to be low-income individuals.
Part IV
gENERAL MUNICIPAL jURISDICTION
General municipal jurisdiction of the Tribunal
15 (1) The Tribunal has jurisdiction and power in relation to municipal affairs,
(a) to approve the exercise in whole or in part of any of the powers by a municipality under any general or special Act that may or will involve or require the borrowing of money by the issue of debentures, or the incurring of any debt or the issuing of any debentures, which approval the municipality voluntarily applies for or is required by law to obtain;
(b) to approve any by-law or proposed by-law of a municipality, which approval the municipality voluntarily applies for or is required by law to obtain;
(c) to authorize the issue by a municipality, without the assent of the electors, of debentures to pay any floating indebtedness that it may have incurred, upon such terms, in such manner and at such times as the Tribunal may approve, or to direct that the floating indebtedness be paid in such other manner and within such time as the Tribunal may require;
(d) to authorize the issue by a municipality, without the assent of the electors, of debentures to retire debentures that are redeemable before maturity, and the raising of the sum required for payment of the new debentures in the same manner as the sum required for payment of the retired debentures;
(e) to certify to the validity of debentures issued under the authority of any by-law of a municipality that the Tribunal has approved;
(f) to direct that before any approval is given by the Tribunal to the exercise of any powers by a municipality or to any by-law passed by it, or before any authorization is given by the Tribunal to the issue by a municipality of debentures to pay any floating indebtedness, the assent of the electors of the municipality or those who are qualified to vote on money by-laws first be obtained, even though the assent is not otherwise required;
(g) to supervise, where considered necessary, the expenditure of any money borrowed by a municipality with the approval of the Tribunal;
(h) to require and obtain from any municipality, at any time and for any definite period, statements in detail of any of its affairs, financial and otherwise;
(i) to inquire at any time into any or all of the affairs, financial and otherwise, of a municipality and hold hearings and make investigations respecting those affairs as may appear necessary to be made in the interest of the municipality, its ratepayers, inhabitants and creditors and particularly to make and hold inquiries, hearings and investigations for the purpose of avoiding any default or recurrence of a default by any municipality in meeting its obligations;
(j) when authorized by an agreement entered into by two or more municipalities in which the municipalities agree to be bound by the decision of the Tribunal, to hear and determine disputes in relation to the agreement; and
(k) where water or sewage service is supplied or to be supplied by one municipality to another municipality, to hear and determine the application of either municipality to confirm, vary or fix rates charged or to be charged in connection with the water or sewage service.
Same
(2) Clauses (1) (c) and (d) have effect despite any general or special Act.
Voluntary application for approval of by-laws
16 A municipality may apply to the Tribunal for its approval of any by-law, the passing of which has been authorized by an order of the Tribunal made under section 25.
Application to Tribunal for approval of by-law authorizing borrowing
17 (1) A person may apply to the Tribunal for approval of a by-law of a municipality authorizing a debenture, borrowing or other debt if the person is,
(a) the holder of the debenture or entitled to receive the debenture or the proceeds of its sale;
(b) the person to whom the borrowing is owed by the municipality; or
(c) the person to whom the other debt is owed by the municipality.
Tribunal may approve
(2) The Tribunal may approve a by-law in respect of which an application is made under this section.
Approval to be withheld where litigation pending
18 The Tribunal shall not grant or issue any approval or certificate under this or any other general or special Act in respect of any municipal matter if there is any pending action or proceeding relating to the matter, including an application to quash any by-law of a municipality relating to the matter.
Time for certifying validity of debentures
19 (1) The Tribunal shall not certify the validity of any debenture issued under any by-law of a municipality until thirty days after the final passing of the by-law, unless notice of the application for certification has been otherwise published or given as directed by the Tribunal.
Exception
(2) This section does not apply to any debenture authorized under clause 15 (1) (d) or to a consolidating by-law if every by-law consolidated was finally passed at least thirty days before certification.
Validation of by-laws and debentures
20 (1) An application may be made to the Tribunal for approval of a municipal by-law authorizing the issue of any debentures, and of the debentures, either before the debentures are issued by the municipality or after the issue and sale of any debentures by the municipality.
Same
(2) In respect of an application made under subsection (1), the Tribunal may approve the by-law and certify the validity of the debentures despite any omission, illegality, invalidity or irregularity in the by-law or the debentures or in any proceedings relating to or incidental to them occurring before or after the final passing of the by-law or the issuing of the debentures.
No approval if by-law quashed, etc.
(3) The Tribunal shall not approve any by-law of a municipality or certify the validity of any debentures issued under a by-law if the validity of the by-law or debenture is being questioned in any pending litigation or the by-law has been set aside, quashed or declared to be invalid by any court.
Debentures to be certified
21 If the validity of a debenture is certified by the Tribunal, it shall bear the certificate of the Tribunal in the form approved by the Tribunal establishing that the by-law under the authority of which the debenture is issued has been approved by the Tribunal and that the debenture is issued in conformity with the approval.
Validity of certified debentures
22 Despite any general or special Act, every by-law of a municipality approved by the Tribunal and every debenture issued under a by-law bearing the certificate of the Tribunal is for all purposes valid and binding upon the corporation of the municipality and its ratepayers and upon the property liable for any rate imposed under the by-law, and the validity of the by-law and the debenture shall not be contested or questioned in any manner.
Scope of Tribunal inquiry
23 (1) The Tribunal may, before approving an application by a municipality for any of the following, make inquiries into the matters described in subsection (2):
1. Approval of the exercise by a municipality of any of its powers.
2. Approval of the incurring of any debt.
3. Approval of the issue of any debentures.
4. Approval of a by-law.
Same
(2) For the purposes of subsection (1), the matters are the following:
1. The nature of the power sought to be exercised or undertaking that is proposed to be or has been proceeded with.
2. The financial position and obligations of the municipality.
3. The burden of taxation upon the ratepayers.
4. Any other matter that the Tribunal considers to be relevant.
When electors' assent may be dispensed with
24 (1) This section applies if, under any general or special Act, the assent of the electors of a municipality or of those qualified to vote on money by-laws is required before the municipality may exercise a power, incur a debt, issue a debenture or pass a by-law.
Same
(2) The Tribunal shall not approve the exercise of the power, incurring of the debt, issue of the debentures or the by-law until the assent has been obtained, unless the Tribunal, after due inquiry, is satisfied that the assent may under all the circumstances properly be dispensed with.
Same
(3) If the Tribunal is satisfied for the purposes of subsection (2), it may by order declare and direct that the assent of the electors or the qualified electors shall not be required to be obtained despite the provisions of the general or special Act.
Hearing
(4) Before making any order under subsection (3) and subject to subsections (5), (6) and (7), the Tribunal shall hold a hearing for the purpose of inquiring into the merits of the matter and hearing any objections that any person may desire to bring to the attention of the Tribunal.
Notice to provide for filing of objections
(5) The Tribunal shall provide notice of the hearing as the Tribunal considers appropriate and may direct that the notice include a statement that anyone objecting to dispensing with the assent of the electors may, within the time specified by the Tribunal, file with the clerk of the municipality or, in the case of a local board, with the secretary of the local board, the objection to dispensing with the assent of the electors.
Where no objections
(6) Where notice has been given under subsection (5), the Tribunal may, when no notice of objection has been filed within the time specified in the notice, dispense with the assent of the electors without holding a hearing.
Where objections filed
(7) If one or more objections have been filed within the time specified in the notice, the Tribunal shall hold a hearing unless, under all the circumstances affecting the matter, the Tribunal considers the objection or, if more than one, all the objections to be insufficient to require a hearing.
Hearing not required where additional expenditure approved
(8) Despite subsection (4), where the Tribunal has approved an expenditure for any purpose, it may, without holding a hearing, dispense with the assent of the electors of a municipality or of those qualified to vote on money by-laws and approve additional expenditures for the same purpose not in excess of 25 per cent of the original expenditure approved.
Conditions in dispensing with vote
(9) The Tribunal, in making any order under subsection (3) dispensing with the necessity for obtaining the assent of the electors or qualified electors, may impose such terms, conditions and restrictions not only in respect of the matter in which such order is made, but as to any further or subsequent exercise of any of the powers of the municipality or incurring of any other debt or issue of any other debentures or passing of any other by-law by such municipality as may appear necessary to the Tribunal.
Limitation re undertaking debt
25 (1) Despite any general or special Act, a municipality or board to which this subsection applies shall not authorize, exercise any of its powers to proceed with or provide money for any work or class of work if the cost or any portion of the cost of the work is to be or may be raised after the term for which the council or board was elected.
Application of subs. (1)
(2) Subsection (1) applies to a local board, other than a board as defined in subsection 1 (1) of the Education Act, that is entitled to apply to the council of a municipality to have money provided by the issue of debentures of the municipality.
Matters not requiring Tribunal approval
(3) Subsection (1) does not apply to,
(a) anything done with the approval of the Tribunal, if the approval is,
(i) provided for by another Act or by another provision of this Act, and
(ii) obtained in advance;
(b) a by-law of a municipality containing a provision to the effect that it shall not come into force until the approval of the Tribunal has been obtained;
(c) the appointment of an engineer, land surveyor or commissioner under the Drainage Act;
(d) anything done by a municipality that does not cause it to exceed the limit prescribed under subsection 401 (4) of the Municipal Act, 2001; or
(e) a by-law or resolution of a local board mentioned in subsection (2) containing a provision to the effect that it shall not come into force until the approval of the municipality has been obtained.
Approval of Tribunal
(4) The approval of the Tribunal mentioned in clause (3) (a) means and, despite the decision of any court, shall be deemed always to have meant the approval of the work mentioned in subsection (1).
Definition
(5) In this section,
"work" includes any undertaking, project, scheme, act, matter or thing.
Non-application
(6) This section does not apply to the City of Toronto.
Inquiry by the Tribunal
26 Upon an application being made to the Tribunal for the approval required by section 25, the Tribunal shall proceed to deal with the application in the manner provided by and shall have regard to the matters mentioned in section 23, and may hold such hearings as may appear necessary to the Tribunal.
Tribunal may impose conditions on giving approval
27 The Tribunal may impose, as it considers necessary and as a condition of giving its approval as required by section 25, restrictions, limitations and conditions upon the municipality with respect to the matter before the Tribunal or with respect to the current annual or future annual expenditures of the municipality for any purpose or with respect to further issues of debentures by the municipality.
Part V
rAILWAY AND uTILITIES jURISDICTION
Interpretation
28 In this Part,
"company" means a railway, street railway or incline railway company, and includes every such company and any person or municipal corporation having authority to construct or operate a railway or street railway or incline railway; ("compagnie")
"public utility" means a waterworks, gasworks (including works for the production, transmission, distribution and supply of natural gas), electric heat, light and power works, telephone lines, or any works supplying the general public with necessaries or conveniences; ("service public")
"railway" means any railway that the company has authority to construct or operate, and includes all associated branches, sidings, stations, depots, wharfs, rolling stock, equipment, stores, real or personal property and works, and also any railway bridge, tunnel or other structure that the company is authorized to construct; ("chemin de fer")
"street railway" means a railway constructed or operated along and upon a highway under an agreement with or by-law of a city or town, although it may at some point or points deviate from the highway to a right-of-way owned by the company, and includes all portions of the railway within the city or town and for a distance of not more than 2.4 kilometres beyond the limits of the city or town, and any part of an electric railway that lies within the limits of a city or town and that is constructed or operated along and upon a highway and includes buses and other vehicular means of transportation operated as part of or in connection with a street railway. ("tramway")
Application of Part to all railways
29 The provisions of this Part relating to railways apply to all railways, including street railways.
Jurisdiction and powers of Tribunal
30 (1) The Tribunal has jurisdiction and power,
(a) to hear and determine any application with respect to any railway or public utility, its construction, maintenance or operation by reason of the contravening of or failure to comply on the part of any person, firm, company, corporation or municipality with the requirements of this or any other general or special Act, or of any regulation, rule, by-law or order made thereunder, or of any agreement entered into in relation to such railway or public utility, its construction, maintenance or operation; and
(b) to hear and determine any application with respect to any tolls charged by any person, firm, company, corporation or municipality operating a railway or public utility in excess of those approved or prescribed by lawful authority, or which are otherwise unlawful.
Jurisdiction over receivers, liquidators, etc.
(2) A manager or other official or the liquidator or receiver of a railway or public utility shall manage, operate or liquidate the railway or public utility in accordance with this Act and under the orders and directions of the Tribunal, whether general or referring particularly to the railway or public utility.
Same
(3) The fact that the person is managing or operating or liquidating the railway or public utility under the authority of a court is not a bar to the exercise by the Tribunal of any jurisdiction or power conferred by this or any other general or special Act.
Part VI
pRACTICE AND pROCEDURE
General
Disposition of proceedings
31 (1) The Tribunal shall dispose of proceedings before it in accordance with any practices and procedures that are required under,
(a) this Act or a regulation made under this Act;
(b) the Statutory Powers Procedure Act, unless that Act conflicts with this Act, a regulation made under this Act or the Tribunal's rules; or
(c) any other general or special Act.
Tribunal's practices and procedures
(2) The Tribunal shall, in respect of each proceeding before it, adopt any practices and procedures provided for in its rules or that are otherwise available to the Tribunal that in its opinion offer the best opportunity for a fair, just and expeditious resolution of the merits of the proceedings.
Statutory Powers Procedure Act
(3) Despite section 32 of the Statutory Powers Procedure Act, this Act, regulations made under this Act and the Tribunal's rules prevail over the provisions of that Act with which they conflict.
Rules
32 (1) The Tribunal may make rules governing its practices and procedures.
General or particular
(2) The rules may be of general or particular application.
Other rules
(3) Without limiting the generality of subsection (1), the rules may,
(a) provide for and require the use of hearings or of practices and procedures that are alternatives to traditional adjudicative or adversarial procedures;
(b) provide for and require notice to be provided in a particular manner;
(c) authorize the Tribunal to hold hearings or other proceedings in writing or by any electronic or automated means;
(d) authorize the Tribunal to combine two or more proceedings or any part of them, or hear two or more proceedings at the same time;
(e) authorize the Tribunal to appoint a person from among a class of parties to a proceeding to represent the class where, in the opinion of the Tribunal, the parties have a common interest; and
(f) provide for when and how the Tribunal may hear from a person other than a party.
Legislation Act, 2006
(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to the rules.
Failure to comply with rules
(5) Unless the Tribunal's failure to comply with the rules or its exercise of discretion under the rules in a particular manner caused a substantial wrong that affected the final disposition of a matter, neither the failure nor the exercise of discretion is a ground for setting aside a decision of the Tribunal on an application for judicial review or an appeal.
Powers of Tribunal re proceedings
Power to require case management conference
33 (1) The Tribunal may direct the parties to a proceeding before it to participate in a case management conference prior to a hearing, for the following purposes:
1. To identify additional parties to the proceeding.
2. To identify, define or narrow the issues raised by the proceeding.
3. To identify facts or evidence that may be agreed upon by the parties.
4. To provide directions for disclosure of information.
5. To discuss opportunities for settlement, including the possible use of mediation or other dispute resolution processes.
6. To establish dates by which any steps in the proceeding are to be taken or begun.
7. To determine the length, schedule and location of a hearing, if any.
8. To determine the order of presentation of submissions.
9. To deal with any other matter that may assist in the fair, just and expeditious resolution of the issues.
Power to examine
(2) At any stage of a proceeding, the Tribunal may,
(a) examine a party to the proceeding;
(b) examine a person other than a party who makes a submission to the Tribunal in respect of the proceeding;
(c) require a party to the proceeding or a person other than a party who makes a submission to the Tribunal in respect of the proceeding to produce evidence for examination by the Tribunal; and
(d) require a party to the proceeding to produce a witness for examination by the Tribunal.
Power to make confidentiality orders
(3) The Tribunal may order that any document filed in a proceeding before it be treated as confidential and not be disclosed to the public, where the Tribunal is of the opinion that,
(a) matters involving public security may be disclosed; or
(b) the document contains information regarding intimate financial or personal matters or other matters that are of such a nature that the public interest or the interest of a person affected would be better served by avoiding disclosure, despite the desirability of adhering to the principle that documents filed in a proceeding be available to the public.
Power to fix costs
(4) Subject to any general or special Act, the Tribunal may fix the costs of and incidental to any proceeding in accordance with the rules and regulations made under this Act.
Decisions of Tribunal to be final
34 Except as provided for in sections 35 and 37, a decision or order of the Tribunal is final and binding.
Review of Tribunal decision
35 The Tribunal may review, rescind or vary any decision or order made by it in accordance with the rules.
Stating case for opinion of Divisional Court
36 (1) The Tribunal may, of its own motion or upon the application of a party, state a case in writing for the opinion of the Divisional Court upon a question of law.
Submissions by the Tribunal
(2) The Divisional Court may hear submissions from the Tribunal on the stated case.
Court's opinion
(3) The Divisional Court shall hear and determine the stated case and remit it to the Tribunal with the court's opinion.
No stay
(4) Unless otherwise ordered by the Tribunal or the Divisional Court, the stating of a case to the Divisional Court under subsection (1) does not operate as a stay of a final decision or order of the Tribunal.
Application for review
(5) Within 30 days of receipt of the decision of the Divisional Court, a party to the stated case proceeding may apply to the Tribunal for a review of its original decision or order in accordance with section 35.
Appeal
37 (1) Subject to any general or special Act, an appeal lies from the Tribunal to the Divisional Court, with leave of the Divisional Court, on a question of law, except in respect of matters arising under Part IV.
Tribunal to receive notice
(2) A person appealing a decision or order under this section shall give to the Tribunal notice of the motion for leave to appeal.
Tribunal may be heard by counsel
(3) The Tribunal is entitled to be heard upon the argument of the appeal, including on a motion for leave to appeal.
No liability for costs
(4) Neither the Tribunal nor any member of the Tribunal is liable to any costs by reason or in respect of an appeal under this section.
Planning Act Appeals
Application of section
38 (1) The practices and procedures set out in sections 39, 40 and 42 apply with respect to appeals to the Tribunal under subsections 17 (24) and (36), 22 (7) and 34 (11) and (19) of the Planning Act of a decision made by a municipality or approval authority in respect of an official plan or zoning by-law or the failure of a municipality to make a decision in respect of an official plan or zoning by-law, except for an appeal,
(a) that is in respect of a new decision that the municipality or approval authority was given an opportunity by the Tribunal to make, where the Tribunal determined that the decision is inconsistent with a policy statement issued under subsection 3 (1) of the Planning Act, fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan;
(b) where the Tribunal has received a notice from the Minister responsible for the Planning Act, in accordance with the Planning Act, that a matter of provincial interest is, or is likely to be, adversely affected by the plan or by-law or the parts of the plan or by-law in respect of which the appeal is made; or
(c) that is an appeal under subsection 22 (7) or 34 (11) of the Planning Act in respect of the failure of a municipality to make a new decision that it was given an opportunity by the Tribunal to make.
Same
(2) The practices and procedures set out in sections 39, 41 and 42 apply with respect to appeals to the Tribunal under subsections 17 (40) and 51 (34) of the Planning Act of the failure of an approval authority to make a decision in respect of an official plan or plan of subdivision.
Timelines
(3) An appeal referred to in this section must adhere to any timelines prescribed by the regulations made under this Act.
Mandatory case management conference
39 (1) The Tribunal shall, upon receipt of the record of appeal, direct the appellant and the municipality or approval authority whose decision or failure to make a decision is being appealed to participate in a case management conference under subsection 33 (1).
Same
(2) A case management conference required under subsection (1) shall include discussion of opportunities for settlement, including the possible use of mediation or other dispute resolution processes.
Participation by other persons, subs. 38 (1)
40 (1) If a person other than the appellant or the municipality or approval authority whose decision or failure to make a decision is being appealed wishes to participate in an appeal described in subsection 38 (1), the person must make a written submission to the Tribunal respecting whether the decision or failure to make a decision,
(a) was inconsistent with a policy statement issued under subsection 3 (1) of the Planning Act;
(b) fails to conform with or conflicts with a provincial plan; or
(c) fails to conform with an applicable official plan.
Time for submission
(2) The submission must be made to the Tribunal at least 30 days before the date of the case management conference.
Copy, certificate
(3) The person must serve a copy of the submission on the municipality or approval authority whose decision or failure to make a decision is being appealed and file a certificate of service with the Tribunal in the form approved by the Tribunal.
Additional parties
(4) The Tribunal may determine, from among the persons who provide written submissions, whether a person may participate in the appeal as an additional party or otherwise participate in the appeal on such terms as the Tribunal may determine.
Participation by other persons; subs. 38 (2)
41 (1) If a person other than the appellant or approval authority whose failure to make a decision is being appealed wishes to participate in an appeal described in subsection 38 (2), the person must make a written submission to the Tribunal.
Time for submission, service
(2) The time for submission and the requirements for service of the submission, if any, shall be as provided in the Tribunal's rules.
Additional parties
(3) The Tribunal may determine, from among the persons who provide written submissions, whether a person may participate in the appeal as an additional party or otherwise participate in the appeal on such terms as the Tribunal may determine.
Oral hearings
Appeals under subs. 38 (1)
42 (1) If the Tribunal holds an oral hearing of an appeal described in subsection 38 (1), the only persons who may participate in the oral hearing are the parties.
Appeals under subs. 38 (2)
(2) If the Tribunal holds an oral hearing of an appeal described in subsection 38 (2), the only persons who may participate in the oral hearing are,
(a) the parties; and
(b) such persons identified by the Tribunal under section 41 (3) as persons who may participate in the oral hearing.
Same
(3) At an oral hearing of an appeal described in subsection 38 (1) or (2),
(a) each party or person may make an oral submission that does not exceed the time provided under the regulations; and
(b) no party or person may adduce evidence or call or examine witnesses.
Regulations
Regulations
43 (1) The Minister may make regulations,
(a) governing the practices and procedures of the Tribunal, including prescribing the conduct and format of hearings, practices regarding the admission of evidence and the format of decisions;
(b) providing for multi-member panels to hear proceedings before the Tribunal and governing the composition of such panels; and
(c) prescribing timelines applicable to proceedings on appeals to the Tribunal under the Planning Act.
Transitional
(2) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date.
Same
(3) A regulation made under subsection (2) may, without limitation,
(a) determine which classes of matters and types of proceedings may be continued and disposed of under the Ontario Municipal Board Act, as it read on the day before the effective date, and which classes of matters and types of proceedings must be continued and disposed of under this Act, as it read on the effective date;
(b) deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation.
Conflict
(4) A regulation made under subsection (2) prevails over any provision of this Act specifically mentioned in the regulation.
Definition
(5) In this section,
"effective date" means the date on which section 1 of the Local Planning Appeal Tribunal Act, 2017 comes into force.
Regulations re costs
44 The Lieutenant Governor in Council may make regulations governing the fixing of costs by the Tribunal under subsection 33 (4).
Part
VII
RePEAL, revocations, commencement and short title
Repeal
45 The Ontario Municipal Board Act is repealed.
Revocations
46 (1) Ontario Regulation 189/16 (Fees) made under the Ontario Municipal Board Act is revoked.
(2) Ontario Regulation 30/02 (Consolidating Matters or Hearing Them Together) made under the Ontario Municipal Board Act is revoked.
Commencement
47 The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short Title
48 The short title of the Act set out in this Schedule is the Local Planning Appeal Tribunal Act, 2017.
Schedule 2
Local planning Appeal Support Centre Act, 2017
CONTENTS
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Definitions |
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Centre established |
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Objects |
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Provision of support services |
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Eligibility for support services |
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Availability of support services |
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Board of directors |
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Delegation by board |
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Annual budget |
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Annual report |
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Auditing |
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Immunity |
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Crown immunity |
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By-laws |
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Regulations |
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Amendments to this Act |
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Commencement |
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Short Title |
Definitions
1 In this Act,
"by-laws" means the by-laws authorized under section 14; ("règlements administratifs")
"Centre" means the Local Planning Appeal Support Centre established under section 2; ("Centre")
"Minister" means the member of the Executive Council to whom the powers and duties of the Minister under this Act are assigned by the Lieutenant Governor in Council; ("ministre")
"regulations" means the regulations made under this Act; ("règlements")
"Tribunal" means the Local Planning Appeal Tribunal; ("Tribunal")
Centre established
2 (1) A corporation without share capital is established under the name "Local Planning Appeal Support Centre" in English and "Centre d'assistance pour les appels en matière d'aménagement local" in French.
Composition
(2) The Centre is composed of the members of its board of directors.
Not a Crown agency
(3) The Centre is not an agent of Her Majesty nor a Crown agency for the purposes of the Crown Agency Act.
Centre's money not part of Consolidated Revenue Fund
(4) The Centre's money and investments do not form part of the Consolidated Revenue Fund.
Independent from but accountable to Ontario
(5) The Centre shall be independent from, but accountable to, the Government of Ontario as set out in this Act.
Natural person powers
(6) The Centre has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act and the regulations.
Application of corporate statutes
(7) The Corporations Act and the Corporations Information Act do not apply to the Centre, except as provided for by the regulations.
Objects
3 The objects of the Centre are,
(a) to establish and administer a cost-effective and efficient system for providing support services to persons determined to be eligible under this Act respecting matters governed by the Planning Act that are under the jurisdiction of the Tribunal; and
(b) to establish policies and priorities for the provision of the support services based on its financial resources.
Provision of support services
4 The Centre shall provide the following support services in order to achieve its objects:
1. Information on land use planning.
2. Guidance on Tribunal procedures.
3. Advice or representation.
4. Any other services prescribed by the regulations.
Eligibility for support services
5 (1) The Centre shall, subject to any rules prescribed in the regulations, establish criteria for determining the eligibility of persons to receive support services from the Centre.
Classes
(2) Criteria established under subsection (1) may be general or specific, and may set out different criteria for different classes of persons.
Public availability
(3) The Centre shall ensure that the criteria established under subsection (1) are available to the public.
Criteria not regulations
(4) Part III of the Legislation Act, 2006 does not apply to criteria established under this section.
Availability of support services
6 The Centre shall ensure that the support services it establishes are available throughout the Province, using such methods of delivering the services as the Centre considers to be appropriate.
Board of directors
7 (1) The affairs of the Centre shall be governed and managed by its board of directors, who shall be responsible for furthering the Centre's objects.
Composition, appointment
(2) The board of directors of the Centre shall consist of up to seven members, all of whom shall be appointed by the Lieutenant Governor in Council.
Quorum
(3) Subject to the by-laws, a majority of the directors constitutes a quorum for the transaction of business.
Chair, vice-chair
(4) The Lieutenant Governor in Council shall designate a director as chair, and may designate another director as vice-chair.
Acting chair
(5) If the chair is absent or unable to act, or if the office of chair is vacant, the vice-chair, if any, shall act as and have all the powers of the chair.
Same
(6) If the chair and any vice-chair are absent from a board meeting, the directors present at the meeting shall appoint an acting chair from among themselves to act as, and to have all the powers of, the chair during the meeting.
Remuneration
(7) The members of the board may be paid remuneration and expenses as determined by the Lieutenant Governor in Council.
Board to act responsibly
(8) The board shall act in a financially responsible and accountable manner in exercising its powers and performing its duties.
Standard of care
(9) The members of the board shall act in good faith with a view to the objects of the Centre and shall exercise the care, diligence and skill of a reasonably prudent person.
Delegation by board
8 (1) Subject to subsection (2), the board of directors may, in accordance with the by-laws, delegate any of its powers or duties to a committee of the board, to one or more directors, or to one or more officers or employees of the Centre.
Restriction
(2) The board may not delegate its powers or duties respecting the passage of by-laws or resolutions, or the approval of the financial statements or the annual report of the Centre.
Delegation
(3) A delegation under subsection (1),
(a) shall be in writing; and
(b) may be general or specific, and include any terms, conditions or restrictions that the board of directors considers advisable.
Annual budget
9 The Centre shall submit its annual budget to the Minister for approval every year in the manner and form, and at the time, the Minister specifies.
Annual report
10 (1) The Centre shall submit an annual report to the Minister no later than four months after the end of its fiscal year.
Fiscal year
(2) The fiscal year of the Centre shall be from April 1 of a year to March 31 of the following year.
Auditing
11 (1) The Centre shall ensure that its books of financial account are audited annually in accordance with generally accepted accounting principles, and that a copy of the audit is given to the Minister.
Audit by Minister
(2) The Minister has the right to audit the Centre at any time that the Minister chooses.
Immunity
12 (1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the Centre for an act done in good faith in the exercise or performance or intended exercise or performance of a power or duty under this Act, the regulations or the by-laws, or for neglect or default in the exercise or performance in good faith of the power or duty.
Same
(2) Subsection (1) does not relieve the Centre of any liability to which it would otherwise be subject with respect to a cause of action arising from any act, neglect or default mentioned in subsection (1).
Crown immunity
13 No action or other civil proceeding shall be commenced against the Crown for any act, neglect or default by a person referred to in subsection 12 (1) or for any act, neglect or default by the Centre.
By-laws
14 The Centre may pass by-laws and resolutions regulating its proceedings, and generally for the conduct and management of its business and affairs.
Regulations
15 The Lieutenant Governor in Council may make regulations,
(a) prescribing limitations for the purposes of subsection 2 (6);
(b) prescribing provisions of the Acts referred to in subsection 2 (7) that apply to the Centre;
(c) prescribing services for the purposes of paragraph 4 of subsection 4 (1);
(d) governing the eligibility of persons to receive support services from the Centre;
(e) providing for such other matters as the Lieutenant Governor in Council considers advisable to carry out the purpose of this Act.
Amendments to this Act
16 Subsection 2 (7) of the Act is amended by striking out "Corporations Act" and substituting "Not-for-Profit Corporations Act, 2010".
Commencement
17 (1) Subject to subsection (2), the Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
(2) Section 16 comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day section 1 of the Act set out in this Schedule comes into force.
Short Title
18 The short title of the Act set out in this Schedule is the Local Planning Appeal Support Centre Act, 2017.
Schedule 3
Amendments to the Planning Act, the City of Toronto Act, 2006 and the Ontario
Planning and Development Act, 1994
Planning Act
1 (1) Subsection 1 (1) of the Planning Act is amended by adding the following definition:
"higher order transit" means transit that operates in whole or in part in a dedicated right of way, including heavy rail, light rail and buses; ("transport en commun d'un niveau supérieur")
(2) The definition of "provincial plan" in subsection 1 (1) of the Act is amended by striking out "or" at the clause (e) and by adding the following clauses:
(e.1) a designated policy as defined in section 2 of the Lake Simcoe Protection Act, 2008,
(e.2) a designated policy as defined in section 3 of the Great Lakes Protection Act, 2015,
(e.3) a designated Great Lakes policy or a significant threat policy, as those terms are defined in subsection 2 (1) of the Clean Water Act, 2006, or
2 (1) Subsection 2.1 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Approval authorities and Tribunal to have regard to certain matters
(1) When an approval authority makes a decision under subsection 17 (34) or the Tribunal makes a decision in respect of an appeal referred to in subsection 17 (49.7) or (53), 22 (11.3), 34 (26.8) or (29), 38 (4) or (4.1), 41 (12.0.1), 51 (39), (43) or (48) or 53 (19) or (27), it shall have regard to,
. . . . .
(2) Subsection 2.1 (2) of the Act is repealed and the following substituted:
Same, Tribunal
(2) When the Tribunal makes a decision in respect of an appeal referred to in subsection 17 (40), 51 (34) or 53 (14), the Tribunal shall have regard to any information and material that the municipal council or approval authority received in relation to the matter.
3 Section 3 of the Act is amended by adding the following subsections:
Approval of Minister, etc.
(1.1) A policy statement may require an approval or determination by the Minister, any other minister of the Crown or multiple ministers of the Crown for any of the matters provided for in the policy statement.
. . . . .
Deemed policy statements
(8) Each of the following is deemed to be a policy statement issued under subsection (1):
1. A policy statement issued under section 31.1 of the Metrolinx Act, 2006.
2. A policy statement issued under section 11 of the Resource Recovery and Circular Economy Act, 2016.
3. A policy or statement that is prescribed for the purpose of this subsection.
Exceptions
(9) Subsections (1.1), (2), (3) and (10) do not apply to a policy or statement that is deemed by subsection (8) to be a policy statement issued under subsection (1).
4 (1) Subsection 8.1 (6) of the Act is repealed and the following substituted:
Power to hear appeals, etc.
(6) The council may by by-law empower the local appeal body to hear appeals or motions for directions, as the case may be, under,
(a) subsections 41 (4.2), (12) and (12.0.1);
(b) subsection 45 (12);
(c) subsections 53 (4.1), (14), (19) and (27); or
(d) the provisions listed in any combination of clauses (a), (b) and (c).
Interpretation re appeals
(6.1) The following rules apply if a by-law has been passed under subsection (6) empowering the local appeal body to hear motions for directions under subsection 41 (4.2) or 53 (4.1), or both:
1. References in this section to an appeal, other than in subsection (10), shall be read as including a reference to a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be.
2. The reference in subsection (9) to an appellant shall be read as including a reference to a person or public body making a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be.
(2) Subsection 8.1 (7) of the Act is repealed and the following substituted:
Effect of by-law under subs. (6)
(7) If a by-law has been passed under subsection (6),
(a) the local appeal body has all the powers and duties of the Tribunal under the relevant provisions of this Act;
(b) all references in this Act to the Tribunal in connection with appeals under the relevant provisions shall be read as references to the local appeal body; and
(c) appeals under the relevant provisions shall be made to the local appeal body, not to the Tribunal.
(3) Subsection 8.1 (11) of the Act is repealed and the following substituted:
Exception
(11) Subsection (10) does not apply in respect of a motion for directions under subsection 41 (4.2) or 53 (4.1).
(4) Clauses 8.1 (13) (a) and (b) of the Act are repealed and the following substituted:
(a) in respect of the same matter as the appeal under a provision listed in subsection (6); and
(b) under another provision listed in subsection (6) in respect of which the local appeal body has not been empowered, under section 17, 22, 34, 36, 38 or 51 or in relation to a development permit system.
(5) Subsection 8.1 (16) of the Act is amended by striking out "a notice of appeal is filed in respect of a related appeal, the Municipal Board shall" and substituting "a notice of appeal is filed with the Tribunal in respect of a related appeal, the Tribunal shall".
(6) Subsection 8.1 (26) of the Act is repealed and the following substituted:
Transition
(26) This section does not apply to the following:
1. An appeal under subsection 45 (12), if the decision of the committee in respect of which a notice of appeal is filed is made before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force.
2. An appeal under subsection 53 (19) or (27), if the notice under subsection 53 (17) or (24), as the case may be, is given before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force.
3. An appeal under subsection 41 (4.2), (12) or (12.0.1) or 53 (4.1) or (14), if the appeal is made before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force.
Deeming rule re appeals under subs. 53 (4.1)
(27) If a municipality has, before the day subsection 4 (1) of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, passed a by-law under subsection (6) of this section empowering the local appeal body to hear appeals under subsections 53 (14), (19) and (27), the by-law is deemed to empower the local appeal body to hear appeals under subsection 53 (4.1) that are made on or after that day.
5 (1) Subsection 16 (1) of the Act is amended by adding the following clause:
(a.1) such policies and measures as are practicable to ensure the adequate provision of affordable housing;
(2) Section 16 of the Act is amended by adding the following subsections:
Climate change policies
(14) An official plan shall contain policies that identify goals, objectives and actions to mitigate greenhouse gas emissions and to provide for adaptation to a changing climate, including through increasing resiliency.
Protected major transit station areas – single-tier municipality
(15) The official plan of a single-tier municipality may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area and that delineate the area's boundaries, and if the official plan includes such policies it must also contain policies that,
(a) identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area;
(b) identify the authorized uses of land in the major transit station area and of buildings or structures on lands in the area; and
(c) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area.
Same, upper-tier municipality
(16) The official plan of an upper-tier municipality may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area and that delineate the area's boundaries, and if the official plan includes such policies it must also contain policies that,
(a) identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area; and
(b) require official plans of the relevant lower-tier municipality or municipalities to include policies that,
(i) identify the authorized uses of land in the area and of buildings or structures on lands in the area; and
(ii) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area.
Failure to amend official plan
(17) If an official plan of a lower-tier municipality that is required to include the policies described in subclauses (16) (b) (i) and (ii) is not amended to include those policies as required by subsection 27 (1) within one year from the day the policies identifying the relevant protected major transit station area in accordance with subsection (16) of this section come into effect, subsection 27 (2) does not apply and instead the council of the upper-tier municipality shall amend the official plan of the lower-tier municipality in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required.
No exemption under subs. 17 (9)
(18) An order under subsection 17 (9) does not apply to an amendment to an official plan if the amendment does any of the following:
1. Adds all of the policies described in subsection (15) to the official plan.
2. In the case of an official plan of an upper-tier municipality, adds all of the policies described in subsection (16) to the plan, other than the policies described in subclauses (16) (b) (i) and (ii).
3. In the case of an official plan of a lower-tier municipality, adds all of the policies described in subclauses (16) (b) (i) and (ii) to the plan with respect to a protected major transit station area identified in accordance with subsection (16).
4. Amends or revokes any of the policies described in subsection (15) or (16) with respect to a protected major transit station area identified in accordance with either of those subsections.
Authorization under subs. 17 (10) does not apply
(19) An authorization under subsection 17 (10) does not apply to an amendment to an official plan of a lower-tier municipality that,
(a) adds all of the policies described in subclauses (16) (b) (i) and (ii) to the plan with respect to a protected major transit station area identified in accordance with subsection (16); or
(b) amends or revokes any of the policies described in subclauses (16) (b) (i) and (ii) with respect to a protected major transit station area identified in accordance with subsection (16).
6 (1) Section 17 of the Act is amended by adding the following subsection:
Basis for appeal
(24.0.1) An appeal under subsection (24) may only be made on the basis that the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
(2) Clause 17 (25) (b) of the Act is repealed and the following substituted:
(b) explain how the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan; and
(3) Subsection 17 (25.1) of the Act is repealed.
(4) Subsection 17 (27) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Decision final
(27) If one or more persons or public bodies have a right of appeal under subsection (24) in respect of all or part of the decision of council, but no notice of appeal is filed under that subsection and the time for filing appeals has expired,
. . . . .
(5) Section 17 of the Act is amended by adding the following subsection:
Same
(27.1) If no person or public body has any right of appeal under subsection (24) in respect of any part of the decision of council,
(a) the decision of council is final; and
(b) the plan that was adopted comes into effect as an official plan on the day after the day it was adopted.
(6) Subsection 17 (34.1) of the Act is amended by striking out "180th day" wherever it appears and substituting in each case "210th day".
(7) Section 17 of the Act is amended by adding the following subsection:
Basis for appeal
(36.0.1) An appeal under subsection (36) may only be made on the basis that the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
(8) Section 17 of the Act is amended by adding the following subsections:
No appeal re protected major transit station policies
(36.1.4) Despite subsection (36), there is no appeal in respect of the following:
1. Policies that identify a protected major transit station area in accordance with subsection 16 (15) or (16), including any changes to those policies.
2. Policies described in clauses 16 (15) (a), (b) or (c) or (16) (a) or (b) with respect to a protected major transit station area that is identified in accordance with subsection 16 (15) or (16).
3. Policies in a lower-tier municipality's official plan that are described in subclause 16 (16) (b) (i) or (ii).
4. Policies that identify the maximum densities that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15).
5. Policies that identify the maximum densities that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (16).
6. Policies that identify the minimum or maximum heights that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15).
7. Policies that identify the minimum or maximum heights that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (16).
Limitation
(36.1.5) Paragraphs 3, 5 and 7 of subsection (36.1.4) apply only if,
(a) the plan that includes the policies referred to in those paragraphs also includes all of the policies described in subclauses 16 (16) (b) (i) and (ii) for the relevant protected major transit station area; or
(b) the lower-tier municipality's official plan in effect at the relevant time contains all of the policies described in subclauses 16 (16) (b) (i) and (ii) for the relevant protected major transit station area.
Exception
(36.1.6) Despite paragraphs 6 and 7 of subsection (36.1.4), there is an appeal in circumstances where the maximum height that is authorized with respect to a building or structure on a particular parcel of land would result in the building or structure not satisfying the minimum density that is authorized in respect of that parcel.
Exception re Minister
(36.1.7) Subsection (36.1.4) does not apply to an appeal by the Minister.
(9) Subsection 17 (36.2) of the Act is amended by striking out "in the case of a new official plan there is no appeal" and substituting "in the case of a new official plan that is approved by an approval authority other than the Minister, there is no appeal".
(10) Section 17 of the Act is amended by adding the following subsection:
No appeal re decision by Minister
(36.5) Despite subsection (36), there is no appeal in respect of a decision of the approval authority under subsection (34), if the approval authority is the Minister.
(11) Clause 17 (37) (b) of the Act is repealed and the following substituted:
(b) explain how the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan; and
(12) Subsection 17 (37.1) of the Act is repealed.
(13) Subsection 17 (38) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Decision final
(38) If one or more persons or public bodies have a right of appeal under subsection (36) in respect of all or part of the decision of the approval authority, but no notice of appeal is filed under that subsection and the time for filing appeals has expired,
. . . . .
(14) Section 17 of the Act is amended by adding the following subsection:
Same
(38.1) If no person or public body has any right of appeal under subsection (36) in respect of any part of the decision of the approval authority,
(a) the decision of the approval authority is final; and
(b) the plan or part of the plan that was approved comes into effect as an official plan or part of an official plan on the day after the day it was approved.
(15) Subsection 17 (40) of the Act is amended by,
(a) striking out "within 180 days" and substituting "within 210 days"; and
(b) striking out "any person or public body may appeal to the Municipal Board" and substituting "any person or public body may appeal to the Tribunal".
(16) Subsection 17 (40.1) of the Act is amended by striking out "180-day period" wherever it appears and substituting in each case "210-day period".
(17) Subsection 17 (40.2) of the Act is amended by,
(a) striking out "180 days" in the portion before clause (a) and substituting "210 days"; and
(b) striking out "180th day" wherever it appears and substituting in each case "210th day".
(18) Subsection 17 (40.4) of the Act is amended by striking out "180-day period" and substituting "210-day period".
(19) Subsections 17 (44.3) to (44.6) of the Act are repealed.
(20) Subsection 17 (44.7) of the Act is amended by striking out "Subsections (44.1) to (44.6)" at the beginning and substituting "Subsections (44.1) and (44.2)".
(21) Subsection 17 (45) of the Act is repealed and the following substituted:
Dismissal without hearing
(45) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal shall dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if any of the following apply:
1. The Tribunal is of the opinion that,
i. the explanation required by clause (25) (b) or (37) (b), as the case may be, does not disclose that the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan, or in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan,
ii. the appeal is not made in good faith or is frivolous or vexatious,
iii. the appeal is made only for the purpose of delay, or
iv. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process.
2. The appellant has not provided the explanations required by clause (25) (b) or (37) (b), as applicable.
3. The appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017 and has not responded to a request by the Tribunal to pay the fee within the time specified by the Tribunal.
4. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
(22) Subsection 17 (46) of the Act is amended by,
(a) striking out "Before dismissing all or part of an appeal, the Municipal Board shall" at the beginning and substituting "Before dismissing all or part of an appeal, the Tribunal shall"; and
(b) striking out "clause (45) (e)" at the end and substituting "paragraph 3 or 4 of subsection (45)".
(23) Subsection 17 (49) of the Act is repealed and the following substituted:
Transfer
(49) If a notice of appeal under subsection (40) is received by the Tribunal, the Tribunal may require that a municipality or approval authority transfer to the Tribunal any other part of the plan that is not in effect and to which the notice of appeal does not apply.
(24) Section 17 of the Act is amended by adding the following subsections:
Powers of L.P.A.T. - appeals under subss. (24) and (36)
(49.1) Subject to subsections (49.3) to (49.9), after holding a hearing on an appeal under subsection (24) or (36), the Tribunal shall dismiss the appeal.
Same
(49.2) If the Tribunal dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision after holding a hearing, the Tribunal shall notify the clerk of the municipality or the approval authority and,
(a) the decision or that part of the decision that was the subject of the appeal is final; and
(b) the plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed.
Refusal and notice to make new decision
(49.3) Unless subsection (49.4), (49.7) or (49.8) applies, if the Tribunal determines that a part of a decision to which a notice of appeal under subsection (24) or (36) relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan,
(a) the Tribunal shall refuse to approve that part of the plan; and
(b) the Tribunal shall notify the clerk of the municipality that adopted the official plan that the municipality is being given an opportunity to make a new decision in respect of the matter.
Revised plan with consent of parties
(49.4) Unless subsection (49.8) applies, if a revised plan is presented to the Tribunal with the consent of all of the parties specified in subsection (49.11), the Tribunal shall approve the revised plan as an official plan except for any part of it that is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
Same, notice to make new decision
(49.5) If subsection (49.4) applies and the Tribunal determines that any part of the revised plan is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan,
(a) the Tribunal shall refuse to approve that part of the plan; and
(b) the Tribunal shall notify the clerk of the municipality that adopted the official plan that the municipality is being given an opportunity to make a new decision in respect of the matter.
Rules that apply if notice is received
(49.6) If the clerk has received notice under clause (49.3) (b) or (49.5) (b), the following rules apply:
1. The council of the municipality may prepare and adopt another plan, subject to the following:
i. Subsections (16) and (17.1) do not apply.
ii. If the plan is not exempt from approval,
A. the reference to "within 210 days" in subsection (40) shall be read as "within 90 days",
B. subsection (40.1) does not apply,
C. references to "210 days" and "210th day" in subsection (40.2) shall be read as "90 days" and "90th day", respectively, and
D. the reference to "210-day period" in subsection (40.4) shall be read as "90-day period".
2. If the decision that was the subject of the appeal was in respect of an amendment adopted in response to a request under subsection 22 (1) or (2), the references to "within 210 days after the day the request is received" in paragraphs 1 and 2 of subsection 22 (7.0.2) shall be read as "within 90 days after the day notice under clause (49.3) (b) or (49.5) (b) was received".
Second appeal
(49.7) Unless subsection (49.8) applies, on an appeal under subsection (24) or (36) that concerns a new decision that the municipality was given an opportunity to make in accordance with subsection (49.6) or 22 (11.0.12), the Tribunal may make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan, if the Tribunal determines that the decision is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
Same, revised plan with consent of parties
(49.8) If, on an appeal under subsection (24) or (36) that concerns a new decision that the municipality was given an opportunity to make in accordance with subsection (49.6) or 22 (11.0.12), a revised plan is presented to the Tribunal with the consent of all of the parties specified in subsection (49.11), the Tribunal shall approve the revised plan as an official plan except for any part of it that is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
Same
(49.9) If subsection (49.8) applies and the Tribunal determines that any part of the revised plan is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan, the Tribunal may make modifications to that part of the revised plan and approve it as modified as part of an official plan or refuse to approve all or part of that part of the revised plan.
Coming into effect of plan
(49.10) If the Tribunal approves all or part of a revised plan as an official plan or part of an official plan under subsection (49.4) or (49.8), the plan or part of the plan that is approved comes into effect as an official plan or part of an official plan on the day after the day the plan or part of the plan was approved.
Specified parties
(49.11) For the purposes of subsection (49.4) and (49.8), the specified parties are:
1. The municipality that adopted the plan.
2. The appropriate approval authority, if the approval authority is a party.
3. The Minister, if the Minister is a party.
4. If applicable, the person or public body that requested an amendment to the official plan.
5. All appellants of the decision which was the subject of the appeal.
Effect on original plan
(49.12) If subsection (49.4) or (49.8) applies, the version of the plan that was the subject of the notice of appeal shall be deemed to have been refused.
(25) Subsection 17 (50) of the Act is amended by striking out "On an appeal or a transfer, the Municipal Board may" at the beginning and substituting "On an appeal under subsection (40) or a transfer, the Tribunal may".
(26) Subsections 17 (50.1) and (51) of the Act are repealed and the following substituted:
Same
(50.1) For greater certainty, subsections (49.7), (49.9) and (50) do not give the Tribunal power to approve or modify any part of the plan that,
(a) is in effect; and
(b) was not added, amended or revoked by the plan to which the notice of appeal relates.
Matters of provincial interest
(51) Where an appeal is made to the Tribunal under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the plan or the parts of the plan in respect of which the appeal is made, may so advise the Tribunal in writing not later than 30 days after the day the Tribunal gives notice under subsection (44) and the Minister shall identify,
(a) the provisions of the plan by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
(27) Subsection 17 (53) of the Act is repealed and the following substituted:
Applicable rules if notice under subs. (51) received
(53) If the Tribunal has received a notice from the Minister under subsection (51), the following rules apply:
1. Subsections (49.1) to (50) do not apply to the appeal.
2. The Tribunal may approve all or part of the plan as all or part of an official plan, make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan.
3. The decision of the Tribunal is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of the provisions.
7 Section 21 of the Act is amended by adding the following subsection:
Exception
(3) Subsection 17 (36.5) applies to an amendment only if it is a revision that is adopted in accordance with section 26.
8 (1) Section 22 of the Act is amended by adding the following subsections:
Same, secondary plans
(2.1.1) No person or public body shall request an amendment to a secondary plan before the second anniversary of the first day any part of the secondary plan comes into effect.
Interpretation, secondary plan
(2.1.2) For the purpose of subsection (2.1.1), a secondary plan is a part of an official plan, added by way of an amendment, that contains policies and land use designations that apply to multiple contiguous parcels of land, but not an entire municipality, and that provides more detailed land use policy direction in respect of those parcels than was provided before the amendment.
No request for amendment re protected major transit station area policies
(2.1.3) If a protected major transit station area is identified in an official plan in accordance with subsection 16 (15) or (16), no person or public body shall request an amendment in respect of any of the policies described in those subsections in respect of that area, including, for greater certainty, policies described in subclauses 16 (16) (b) (i) and (ii) that are contained in the official plan of a lower-tier municipality.
(2) Subsection 22 (2.2) of the Act is repealed and the following substituted:
Exception
(2.2) If the council has declared by resolution that a request described in subsection (2.1), (2.1.1) or (2.1.3) is permitted, which resolution may be made in respect of a specific request, a class of requests or in respect of such requests generally, the relevant subsection does not apply.
(3) Section 22 of the Act is amended by adding the following subsections:
Basis for appeal
(7.0.0.1) An appeal under subsection (7) may only be made on the basis that,
(a) the existing part or parts of the official plan that would be affected by the requested amendment are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or, in the case of the official plan of a lower-tier municipality, fail to conform with the upper-tier municipality's official plan; and
(b) the requested amendment is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and, in the case of a requested amendment to the official plan of a lower-tier municipality, conforms with the upper-tier municipality's official plan.
Exception
(7.0.0.2) Subsection (7.0.0.1) and clauses (8) (a.1) and (a.2) do not apply to an appeal under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) that concerns a request in respect of which the municipality or planning board was given an opportunity to make a new decision in accordance with subsection (11.0.12) or subsection 17 (49.6).
(4) Subsection 22 (7.0.2) of the Act is amended by striking out "180 days" wherever it appears and substituting in each case "210 days".
(5) Section 22 of the Act is amended by adding the following subsection:
Same
(7.0.2.1) For greater certainty, a condition set out in subsection (7.0.2) is not met if the council or the planning board adopts an amendment in response to a request under subsection (1) or (2), even if the amendment that is adopted differs from the requested amendment.
(6) Subsection 22 (8) of the Act is amended by striking out "and" at the end of clause (a) and by adding the following clauses:
(a.1) explain how the existing part or parts of the official plan that would be affected by the requested amendment are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or, in the case of the official plan of a lower-tier municipality, fail to conform with the upper-tier municipality's official plan;
(a.2) explain how the requested amendment is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and, in the case of a requested amendment to the official plan of a lower-tier municipality, conforms with the upper-tier municipality's official plan; and
(7) Subsection 22 (11) of the Act is repealed and the following substituted:
Hearing
(11) On an appeal to the Tribunal, the Tribunal shall hold a hearing of which notice shall be given to such persons or such public bodies and in such manner as the Tribunal may determine.
Restriction re adding parties
(11.0.1) Despite subsection (11), in the case of an appeal under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2), only the following may be added as parties:
1. A person or public body who satisfies one of the conditions set out in subsection (11.0.2).
2. The Minister.
3. The appropriate approval authority.
Same
(11.0.2) The conditions mentioned in paragraph 1 of subsection (11.0.1) are:
1. Before the requested amendment was refused, the person or public body made oral submissions at a public meeting or written submissions to the council or planning board.
2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party.
Conflict with SPPA
(11.0.3) Subsections (11.0.1) and (11.0.2) apply despite the Statutory Powers Procedure Act.
Dismissal without hearing
(11.0.4) Despite the Statutory Powers Procedure Act and subsection (11), the Tribunal shall dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if any of the following apply:
1. The Tribunal is of the opinion that the explanations required by clauses (8) (a.1) and (a.2) do not disclose both of the following:
i. That the existing part or parts of the official plan that would be affected by the requested amendment are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or, in the case of the official plan of a lower-tier municipality, fail to conform with the upper-tier municipality's official plan.
ii. That the requested amendment is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and, in the case of a requested amendment to the official plan of a lower-tier municipality, conforms with the upper-tier municipality's official plan.
2. The Tribunal is of the opinion that,
i. the appeal is not made in good faith or is frivolous or vexatious,
ii. the appeal is made only for the purpose of delay, or
iii. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process.
3. The appellant has not provided the explanations required by clauses (8) (a.1) and (a.2).
4. The appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017 and has not responded to a request by the Tribunal to pay the fee within the time specified by the Tribunal.
5. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
Same
(11.0.5) Despite the Statutory Powers Procedure Act and subsection (11), the Tribunal may, on its own initiative or on the motion of the municipality, the planning board, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal's opinion, the application to which the appeal relates is substantially different from the application that was before council or the planning board at the time of its decision.
Representation
(11.0.6) Before dismissing all or part of an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under paragraph 4 or 5 of subsection (11.0.4).
Dismissal
(11.0.7) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (11.0.4) or (11.0.5), as it considers appropriate.
Powers of L.P.A.T. - appeals under subs. (7)
(11.0.8) Subject to subsections (11.0.9) to (11.0.17), after holding a hearing on an appeal under subsection (7), the Tribunal shall dismiss the appeal.
Notice re opportunity to make new decision
(11.0.9) Unless subsection (11.0.10) or (11.0.13) applies, on an appeal under subsection (7), the Tribunal shall notify the clerk of the municipality or the secretary-treasurer of the planning board, as the case may be, that received the request for an official plan amendment that the municipality or planning board is being given an opportunity to make a new decision in respect of the matter, if the Tribunal determines that,
(a) the existing part or parts of the official plan that would be affected by the requested amendment are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or, in the case of the official plan of a lower-tier municipality, fail to conform with the upper-tier municipality's official plan; and
(b) the requested amendment is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and, in the case of a requested amendment to the official plan of a lower-tier municipality, conforms with the upper-tier municipality's official plan.
Revised amendment with consent of parties
(11.0.10) Unless subsection (11.0.16) applies, if a revised amendment is presented to the Tribunal with the consent of all of the parties specified in subsection (11.0.19), the Tribunal shall approve the revised amendment as an official plan amendment except for any part of it that is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of an amendment to the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
Same, notice to make new decision
(11.0.11) If subsection (11.0.10) applies and the Tribunal determines that any part of the revised amendment is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of an amendment to the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan, the Tribunal shall notify the clerk of the municipality or the secretary-treasurer of the planning board, as the case may be, that received the request for an official plan amendment that the municipality or planning board is being given an opportunity to make a new decision in respect of the matter.
Rules that apply if notice received
(11.0.12) If the clerk or secretary-treasurer has received notice under subsection (11.0.9) or (11.0.11), the following rules apply:
1. The council of the municipality or the planning board may prepare and adopt an amendment, subject to the following:
i. Subsections 17 (16) and (17.1) do not apply.
ii. If the amendment is not exempt from approval,
A. the reference to "within 210 days" in subsection 17 (40) shall be read as "within 90 days", and
B. subsection 17 (40.1) does not apply.
2. The references to "within 210 days after the day the request is received" in paragraphs 1 and 2 of subsection (7.0.2) shall be read as "within 90 days after the day notice under subsection (11.0.9) or (11.0.11) was received".
Second appeal
(11.0.13) Subsections (11.0.14) to (11.0.16) apply with respect to an appeal under subsection (7) that concerns a request in respect of which the municipality or planning board was given an opportunity to make a new decision in accordance with subsection (11.0.12) or subsection 17 (49.6).
Same
(11.0.14) In the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), the Tribunal may approve all or part of the requested amendment as an official plan amendment, make modifications to all or part of the requested amendment and approve all or part of the requested amendment as modified as an official plan amendment or refuse to approve all or part of the requested amendment.
Same
(11.0.15) Unless subsection (11.0.16) applies, in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), the Tribunal may approve all or part of a requested amendment as an official plan amendment, make modifications to all or part of the requested amendment and approve all or part of the requested amendment as modified as an official plan amendment or refuse to approve all or part of the requested amendment, if the Tribunal determines that,
(a) the existing part or parts of the official plan that would be affected by the requested amendment are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or, in the case of the official plan of a lower-tier municipality, fail to conform with the upper-tier municipality's official plan; and
(b) the requested amendment is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and, in the case of a requested amendment to the official plan of a lower-tier municipality, conforms with the upper-tier municipality's official plan.
Same, revised amendment with consent of parties
(11.0.16) If, on an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), a revised amendment is presented to the Tribunal with the consent of all of the parties specified in subsection (11.0.19), the Tribunal shall approve the revised amendment as an official plan amendment except for any part of it that is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of an amendment to the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan.
Same
(11.0.17) If subsection (11.0.16) applies and the Tribunal determines that any part of the revised amendment is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of an amendment to the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan, the Tribunal may make modifications to that part of the revised amendment and approve it as modified as part of an official plan amendment or refuse to approve all or part of that part of the revised amendment.
Coming into effect
(11.0.18) If the Tribunal approves all or part of a revised amendment as an official plan amendment or part of an official plan amendment under subsection (11.0.10) or (11.0.16), the amendment or part of the amendment that is approved comes into effect as an official plan amendment or part of an official plan amendment on the day after the day the amendment or part of the amendment was approved.
Specified parties
(11.0.19) For the purposes of subsection (11.0.10) and (11.0.16), the specified parties are:
1. The municipality or planning board that received the request for an official plan amendment.
2. The appropriate approval authority, if the approval authority is a party.
3. The Minister, if the Minister is a party.
4. The person or public body that requested an amendment to the official plan.
(8) Subsection 22 (11.1) of the Act is repealed and the following substituted:
Matters of provincial interest
(11.1) Where an appeal is made to the Tribunal under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the amendment or any part of the amendment in respect of which the appeal is made, may so advise the Tribunal in writing not later than 30 days after the day the Tribunal gives notice under subsection (11) and the Minister shall identify,
(a) the provisions of the amendment or any part of the amendment by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
(9) Subsection 22 (11.3) of the Act is repealed and the following substituted:
Applicable rules if notice under subs. (11.1) received
(11.3) If the Tribunal has received a notice from the Minister under subsection (11.1), the following rules apply:
1. Subsections (11.0.8) to (11.0.19) do not apply to the appeal.
2. The Tribunal may approve all or part of a requested amendment as an official plan amendment, make modifications to all or part of the requested amendment and approve all or part of the requested amendment as modified as an official plan amendment or refuse to approve all or part of the requested amendment.
3. The decision of the Tribunal is not final and binding in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions.
9 Subsection 28 (5) of the Act is amended by striking out "and (49) to (50.1) apply" and substituting "and (49), (50) and (50.1), as they read on the day before section 9 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, apply".
10 (1) Subsection 34 (11) of the Act is repealed and the following substituted:
Appeal to L.P.A.T.
(11) Subject to subsection (11.0.0.0.1), where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council fails to make a decision on it within 150 days after the receipt by the clerk of the application, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017:
1. The applicant.
2. The Minister.
Same, where amendment to official plan required
(11.0.0.0.1) If an amendment to a by-law passed under this section or a predecessor of this section in respect of which an application to the council is made would also require an amendment to the official plan of the local municipality and the application is made on the same day as the request to amend the official plan, an appeal to the Tribunal under subsection (11) may be made only if the application is refused or the council fails to make a decision on it within 210 days after the receipt by the clerk of the application.
Basis for appeal
(11.0.0.0.2) An appeal under subsection (11) may only be made on the basis that,
(a) the existing part or parts of the by-law that would be affected by the amendment that is the subject of the application are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or fail to conform with an applicable official plan; and
(b) the amendment that is the subject of the application is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and conforms with applicable official plans.
Same
(11.0.0.0.3) For greater certainty, council does not refuse an application for an amendment to a by-law passed under this section or a predecessor of this section or fail to make a decision on the application if it amends the by-law in response to the application, even if the amendment that is passed differs from the amendment that is the subject of the application.
Notice of Appeal
(11.0.0.0.4) A notice of appeal under subsection (11) shall,
(a) explain how the existing part or parts of the by-law that would be affected by the amendment that is the subject of the application are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or fail to conform with an applicable official plan; and
(b) explain how the amendment that is the subject of the application is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and conforms with applicable official plans.
Exception
(11.0.0.0.5) Subsections (11.0.0.0.2) and (11.0.0.0.4) do not apply to an appeal under subsection (11) that concerns the failure to make a decision on an application in respect of which the municipality was given an opportunity to make a new decision in accordance with subsection (26.3).
(2) Subsection 34 (11.0.2) of the Act is repealed.
(3) Subsection 34 (12) of the Act is amended by striking out "an order of the Municipal Board made under subsection (11.0.2) or (26)" at the end of the portion before clause (a) and substituting "an order of the Tribunal made under subsection (26)".
(4) Subsection 34 (19) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:
Appeal to L.P.A.T.
(19) Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017:
. . . . .
(5) Subsection 34 (19.0.1) of the Act is repealed and the following substituted:
Basis for appeal
(19.0.1) An appeal under subsection (19) may only be made on the basis that the by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan.
Notice of Appeal
(19.0.2) A notice of appeal under subsection (19) shall explain how the by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan.
(6) Subsection 34 (19.3.1) of the Act is amended by striking out "in subsection 34 (1)" and substituting "in subsection (1)".
(7) Section 34 of the Act is amended by adding the following subsections:
No appeal re protected major transit station area – permitted uses, etc.
(19.5) Despite subsections (19) and (19.3.1), and subject to subsections (19.6) to (19.8), there is no appeal in respect of,
(a) the parts of a by-law that establish permitted uses or the minimum or maximum densities with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16); or
(b) the parts of a by-law that establish minimum or maximum heights with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16).
Same, by-law of a lower-tier municipality
(19.6) Subsection (19.5) applies to a by-law of a lower-tier municipality only if the municipality's official plan contains all of the policies described in subclauses 16 (16) (b) (i) and (ii) with respect to the protected major transit station area.
Exception
(19.7) Clause (19.5) (b) does not apply in circumstances where the maximum height that is permitted with respect to a building or structure on a particular parcel of land would result in the building or structure not satisfying the minimum density that is required in respect of that parcel.
Exception re Minister
(19.8) Subsection (19.5) does not apply to an appeal by the Minister.
(8) Subsection 34 (23) of the Act is repealed and the following substituted:
Record
(23) The clerk of a municipality who receives a notice of appeal under subsection (11) or (19) shall ensure that,
(a) a record that includes the prescribed information and material is compiled;
(b) the notice of appeal, record and fee are forwarded to the Tribunal,
(i) within 15 days after the last day for filing a notice of appeal under subsection (11.0.3) or (19), as the case may be, or
(ii) within 15 days after a notice of appeal is filed under subsection (11) with respect to the failure to make a decision; and
(c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.
(9) Subsections 34 (24.3) to (24.6) of the Act are repealed.
(10) Subsection 34 (24.7) of the Act is amended by striking out "Subsections (24.1) to (24.6)" at the beginning and substituting "Subsections (24.1) and (24.2)".
(11) Subsection 34 (25) of the Act is repealed and the following substituted:
Dismissal without hearing
(25) Despite the Statutory Powers Procedure Act and subsection (24), the Tribunal shall dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if any of the following apply:
1. The Tribunal is of the opinion that the explanations required by subsection (11.0.0.0.4) do not disclose both of the following:
i. That the existing part or parts of the by-law that would be affected by the amendment that is the subject of the application are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or fail to conform with an applicable official plan.
ii. The amendment that is the subject of the application is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and conforms with applicable official plans.
2. The Tribunal is of the opinion that the explanation required by subsection (19.0.2) does not disclose that the by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan.
3. The Tribunal is of the opinion that,
i. the appeal is not made in good faith or is frivolous or vexatious,
ii. the appeal is made only for the purpose of delay, or
iii. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process.
4. The appellant has not provided the explanation required by subsection (11.0.0.0.4) or (19.0.2), as applicable.
5. The appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017 and has not responded to a request by the Tribunal to pay the fee within the time specified by the Tribunal.
6. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
(12) Subsection 34 (25.1) of the Act is amended by,
(a) striking out "Before dismissing all or part of an appeal, the Municipal Board shall" at the beginning and substituting "Before dismissing all or part of an appeal, the Tribunal shall"; and
(b) striking out "clause (25) (d)" at the end and substituting "paragraph 5 or 6 of subsection (25)".
(13) Subsection 34 (25.1.1) of the Act is repealed and the following substituted:
Same
(25.1.1) Despite the Statutory Powers Procedure Act and subsection (24), the Tribunal may, on its own initiative or on the motion of the municipality or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.
(14) Subsection 34 (26) of the Act is repealed and the following substituted:
Powers of L.P.A.T.
(26) Subject to subsections (26.1) to (26.10) and (26.13), after holding a hearing on an appeal under subsection (11) or (19), the Tribunal shall dismiss the appeal.
Notice re opportunity to make new decision - appeal under subs. (11)
(26.1) Unless subsection (26.3), (26.6), (26.7) or (26.9) applies, on an appeal under subsection (11), the Tribunal shall notify the clerk of the municipality that it is being given an opportunity to make a new decision in respect of the matter, if the Tribunal determines that,
(a) the existing part or parts of the by-law that would be affected by the amendment that is the subject of the application are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or fail to conform with an applicable official plan; and
(b) the amendment that is the subject of the application is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and conforms with applicable official plans.
Same - appeal under subs. (19)
(26.2) Unless subsection (26.3), (26.8) or (26.9) applies, if, on an appeal under subsection (19), the Tribunal determines that a part of the by-law to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan,
(a) the Tribunal shall repeal that part of the by-law; and
(b) the Tribunal shall notify the clerk of the municipality that it is being given an opportunity to make a new decision in respect of the matter.
Powers of L.P.A.T. - Draft by-law with consent of parties
(26.3) Unless subsection (26.9) applies, if a draft by-law is presented to the Tribunal with the consent of all of the parties specified in subsection (26.11), the Tribunal shall approve the draft by-law except for any part of it that is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan.
Notice to make new decision
(26.4) If subsection (26.3) applies and the Tribunal determines that any part of the draft by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the Tribunal shall notify the clerk of the municipality that it is being given an opportunity to make a new decision in respect of the matter.
Rules that apply if notice received
(26.5) If the clerk has received notice under subsection (26.1), clause (26.2) (b) or subsection (26.4), the following rules apply:
1. The council of the municipality may prepare and pass another by-law in accordance with this section, except that clause (12) (b) does not apply.
2. The reference to "within 150 days after the receipt by the clerk of the application" in subsection (11) shall be read as "within 90 days after the day notice under subsection (26.1), clause (26.2) (b) or subsection (26.4) was received".
Second appeal, subs. (11) - failure to make decision
(26.6) On an appeal under subsection (11) that concerns the failure to make a decision on an application in respect of which the municipality was given an opportunity to make a new decision in accordance with subsection (26.5), the Tribunal may amend the by-law in such manner as the Tribunal may determine or direct the council of the municipality to amend the by-law in accordance with the Tribunal's order.
Second appeal, subs. (11) - refusal
(26.7) Unless subsection (26.9) applies, on an appeal under subsection (11) that concerns the refusal of an application in respect of which the municipality was given an opportunity to make a new decision in accordance with subsection (26.5), the Tribunal may amend the by-law in such manner as the Tribunal may determine or direct the council of the municipality to amend the by-law in accordance with the Tribunal's order if the Tribunal determines that,
(a) the existing part or parts of the by-law that would be affected by the amendment that is the subject of the application are inconsistent with a policy statement issued under subsection 3 (1), fail to conform with or conflict with a provincial plan or fail to conform with an applicable official plan; and
(b) the amendment that is the subject of the application is consistent with policy statements issued under subsection 3 (1), conforms with or does not conflict with provincial plans and conforms with all applicable official plans.
Second appeal - subs. (19)
(26.8) Unless subsection (26.9) applies, on an appeal under subsection (19) that concerns a new decision that the municipality was given an opportunity to make in accordance with subsection (26.5), the Tribunal may repeal the by-law in whole or in part or amend the by-law in such manner as the Tribunal may determine or direct the council of the municipality to repeal the by-law in whole or in part or to amend the by-law in accordance with the Tribunal's order, if the Tribunal determines that the decision is inconsistent with policy statements issued under subsection 3 (1), fails to conform with or conflicts with provincial plans or fails to conform with an applicable official plan.
Draft by-law with consent of the parties
(26.9) If, on an appeal referred to in subsection (26.7) or (26.8), a draft by-law is presented to the Tribunal with the consent of all of the parties specified in subsection (26.11), the Tribunal shall approve the draft by-law as a zoning by-law except for any part of it that is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan.
Same
(26.10) If subsection (26.9) applies and the Tribunal determines that any part of the draft by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the Tribunal may refuse to amend the zoning by-law or amend the zoning by-law in such manner as the Tribunal may determine or direct the council of the municipality to amend the zoning by-law in accordance with the Tribunal's order.
Specified parties
(26.11) For the purposes of subsection (26.3) and (26.9), the specified parties are:
1. The municipality.
2. The Minister, if the Minister is a party.
3. If applicable, the applicant.
4. If applicable, all appellants of the decision which was the subject of the appeal.
Effect on original by-law
(26.12) If subsection (26.3) or (26.9) applies in the case of an appeal under subsection (19), the by-law that was the subject of the notice of appeal shall be deemed to have been repealed.
Non-application of s. 24 (4)
(26.13) An appeal under subsection (11) shall not be dismissed on the basis that the by-law is deemed to be in conformity with an official plan under subsection 24 (4).
(15) Subsection 34 (27) of the Act is repealed and the following substituted:
Matters of provincial interest
(27) Where an appeal is made to the Tribunal under subsection (11) or (19), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Tribunal in writing not later than 30 days after the day the Tribunal gives notice under subsection (24) and the Minister shall identify,
(a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
(16) Subsection 34 (29) of the Act is repealed and the following substituted:
Applicable rules if notice under subs. (27) received
(29) If the Tribunal has received a notice from the Minister under subsection (27), the following rules apply:
1. Subsections (26) to (26.12) do not apply to the appeal.
2. The Tribunal may make a decision as to whether the appeal should be dismissed or the by-law should be repealed or amended in whole or in part or the council of the municipality should be directed to repeal or amend the by-law in whole or in part.
3. The Tribunal shall not make an order in respect of the part or parts of the by-law identified in the notice.
(17) Subsection 34 (30) of the Act is amended by striking out "repealed or amended under subsection (26)" and substituting "repealed under subsection (26.2) or (26.8) or amended under subsection (26.8)".
11 (1) Subsection 36 (3) of the Act is repealed and the following substituted:
Appeal to L.P.A.T.
(3) Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council fails to make a decision thereon within 150 days after receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and dismiss the same or amend the by-law to remove the holding symbol or direct that the by-law be amended in accordance with its order.
(2) Subsection 36 (4) of the Act is amended by striking out "Subsections 34 (10.7) and (10.9) to (25.1)" at the beginning and substituting "Subsections 34 (10.7), (10.9) to (20.4) and (22) to (34)".
12 (1) Subsection 38 (4) of the Act is repealed and the following substituted:
Appeal to L.P.A.T. re by-law passed under subs. (1)
(4) The Minister may, within 60 days after the date of the passing of a by-law under subsection (1), appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection.
Appeal to L.P.A.T. re by-law passed under subs. (2)
(4.1) Any person or public body who was given notice of the passing of a by-law under subsection (2) may, within 60 days after the date of the passing of the by-law, appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection.
(2) Subsection 38 (5) of the Act is amended by striking out "under subsection (4), subsections 34 (23) to (26) apply" and substituting "under subsection (4) or (4.1), subsections 34 (23) to (26), as they read on the day before subsection 12 (2) of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, apply".
13 (1) Subsection 41 (12) of the Act is repealed and the following substituted:
Appeal to L.P.A.T. re approval of plans or drawings
(12) If the municipality fails to approve the plans or drawings referred to in subsection (4) within 30 days after they are submitted to the municipality, the owner may appeal the failure to approve the plans or drawings to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
Appeal to L.P.A.T. re requirement under subs. (7) or (8)
(12.0.1) If the owner of the land is not satisfied with any requirement made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8) or with any part thereof, including the terms of any agreement required, the owner may appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
Record
(12.0.2) If the clerk receives a notice of appeal under subsection (12) or (12.0.1), the clerk shall ensure that the following are forwarded to the Tribunal within 15 days after the notice is filed:
1. The notice of appeal.
2. The fee.
3. The plans and drawings submitted for approval under subsection (4).
4. In the case of an appeal under subsection (12.0.1), documents that set out the requirements made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8), as the case may be.
(2) Subsection 41 (12.1) of the Act is amended by,
(a) striking out "The Municipal Board shall hear" at the beginning and substituting "The Tribunal shall hear"; and
(b) striking out "and the decision of the Board is final" at the end.
(3) Subsection 41 (16) of the Act is repealed and the following substituted:
City of Toronto
(16) This section does not apply to the City of Toronto.
14 Subsection 45 (1.0.3) of the Act is amended by striking out "the following provisions apply" in the portion before paragraph 1 and substituting "the following provisions, as they read on the day before section 14 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, apply".
15 (1) Subsection 47 (5) of the Act is amended by striking out "and shall set out in the notice the provisions of subsections (8), (9) and (10)" at the end.
(2) Subsection 47 (8) of the Act is repealed and the following substituted:
Revocation or amendment
(8) An amendment to any order made under subsection (1), or the revocation in whole or in part of such an order, may be initiated by the Minister or on request to the Minister by any person or public body.
Consolidated Hearings Act
(8.0.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of a request under subsection (8) unless the Minister has referred the request to the Tribunal under subsection (10).
(3) Subsections 47 (9) to (14) of the Act are repealed and the following substituted:
Action by Minister
(9) If the Minister initiates an amendment or revocation of an order made under subsection (1) or receives a request to amend or revoke the order, the Minister shall give notice or cause to be given notice of the proposed amendment or revocation in such manner as the Minister considers proper and shall allow such period of time as he or she considers appropriate for the submission of representations in respect of the proposed amendment or revocation.
Referral of request under subs. (8)
(10) The Minister may refer a request made under subsection (8) to the Tribunal.
Hearing by Tribunal
(11) If the Minister refers the request to the Tribunal, the Tribunal shall conduct a hearing.
Notice of hearing
(12) Notice of the hearing shall be given in such manner and to such persons as the Tribunal may determine.
Recommendation
(13) At the conclusion of the hearing, the Tribunal shall make a written recommendation to the Minister stating whether the Minister should approve the requested amendment or revocation, in whole or in part, make modifications and approve the requested amendment or revocation as modified or refuse the requested amendment or revocation, in whole or in part, and giving reasons for the recommendation.
Notice of recommendation
(14) A copy of the recommendation of the Tribunal shall be sent to each person who appeared at the hearing and made representations and to any person who in writing requests a copy of the recommendation.
Decision to amend or revoke
(15) After considering representations received under subsection (9), if any, and the recommendation of the Tribunal under subsection (13), if there is one, the Minister may, by order, amend or revoke in whole or in part the order made under subsection (1).
Notice of decision
(16) The Minister shall forward a copy of his or her decision to amend or revoke in whole or in part the order to the clerk of each municipality or secretary-treasurer of each planning board which is within the area covered by the amendment and any person who in writing requests a copy of the decision.
16 Subsection 51 (52.4) of the Act is repealed and the following substituted:
Same
(52.4) If subsection (52.3) applies and if the approval authority so requests, the Tribunal shall not admit the information and material into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed.
17 The Act is amended by adding the following section:
Regulations re transitional matters, 2017 amendments
70.8 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date.
Same
(2) A regulation made under this section may, without limitation,
(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it read on the effective date;
(b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation.
Same
(3) If a regulation under this section provides for a matter or proceeding to be continued and disposed of in accordance with this Act as it read on the effective date where the notice of appeal was filed after the day on which the Building Better Communities and Conserving Watersheds Act, 2017 receives Royal Assent but before the effective date, the regulation may also,
(a) deem that the appeal was not made;
(b) require the Tribunal to give a notice to an appellant, specifying the period of time during which a new notice of appeal may be provided to the Tribunal;
(c) require the appellant to provide a new notice of appeal to the Tribunal within the period of time specified by the Tribunal;
(d) deem an appeal to have been dismissed where the new notice of appeal was not received within the period of time specified in the notice;
(e) provide that specified provisions of the Act do not apply to matters and proceedings for a period of time specified in the regulations;
(f) provide rules regarding the application of timelines specified in a regulation under clause 43 (1) (c) of the Local Planning Appeal Tribunal Act, 2017 to specified appeals;
(g) provide that, despite the Local Planning Appeal Tribunal Act, 2017, an appellant is not required to pay a fee charged under that Act.
Conflict
(4) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation.
Definition
(5) In this section,
"effective date" means the date on which section 17 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force.
Conflict
(6) No cause of action arises as a direct or indirect result of,
(a) the enactment of this section;
(b) the making or revocation of any provision of a regulation made under this section; or
(c) anything done or not done in accordance with this section or a regulation made under it.
No remedy
(7) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in subsection (6).
Proceedings barred
(8) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in subsection (6) may be brought or maintained against any person.
Same
(9) Subsection (8) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.
Proceedings set aside
(10) Any proceeding referred to in subsection (8) commenced before the day section 17 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force shall be deemed to have been dismissed, without costs, on the day that provision comes into force.
No expropriation or injurious affection
(11) Nothing done or not done in accordance with this Act or the regulations made under it constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Person defined
(12) In this section.
"person" includes the Crown and its employees and agents, members of the Executive Council and municipalities and their employees and agents.
City of Toronto Act, 2006
18 (1) Section 114 of the City of Toronto Act, 2006 is amended by adding the following subsection:
Exception
(1.1) The definition of "development" in subsection (1) does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007.
(2) Subsection 114 (5) of the Act is amended by,
(a) striking out "the Ontario Municipal Board" in the portion before paragraph 1 and substituting "the Local Planning Appeal Tribunal"; and
(b) striking out "required under clause (11) (a)" at the end of paragraph 1 and substituting "required under clause (11) (a), including facilities designed to have regard for accessibility for persons with disabilities".
(3) Paragraph 2 of subsection 114 (5) of the Act is amended by striking out "and" at the end subparagraph iv, by adding "and" at the end of subparagraph v and by adding the following subparagraph:
vi. facilities designed to have regard for accessibility for persons with disabilities.
(4) Clause 114 (11) (a) of the Act is amended by adding the following subclause:
(iv.1) facilities designed to have regard for accessibility for persons with disabilities;
(5) Subsections 114 (15) and (16) of the Act are repealed and the following substituted:
Appeal to L.P.A.T. re approval of plans or drawings
(15) If the City fails to approve the plans or drawings referred to in subsection (5) within 30 days after they are submitted to the City, the owner may appeal the failure to approve the plans or drawings to the Local Planning Appeal Tribunal by filing with the city clerk a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
Appeal to L.P.A.T. re requirement under subs. (11)
(15.1) If the owner of the land is not satisfied with any requirement made by the City under subsection (11) or with any part thereof, including the terms of any agreement required, the owner may appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Local Planning Appeal Tribunal by filing with the city clerk a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
City clerk to forward plans and drawings, etc. to L.P.A.T.
(15.2) If the city clerk receives a notice of appeal under subsection (15) or (15.1), the city clerk shall ensure that the following are forwarded to the Local Planning Appeal Tribunal within 15 days after the notice is filed:
1. The notice of appeal.
2. The fee.
3. The plans and drawings submitted for approval under subsection (5).
4. In the case of an appeal under subsection (15.1), documents that set out the requirements made by the municipality under subsection (11).
Hearing
(16) The Local Planning Appeal Tribunal shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements, including the provisions of any agreement required.
19 (1) Subsections 115 (5) and (6) of the Act are repealed and the following substituted:
Power to hear appeals, etc.
(5) The City may by by-law empower the appeal body to hear appeals or motions for directions, as the case may be, under,
(a) subsections 114 (7), (15) and (15.1);
(b) subsection 45 (12) of the Planning Act;
(c) subsections 53 (4.1), (14), (19) and (27) of the Planning Act; or
(d) the provisions listed in any combination of clauses (a), (b) and (c).
Interpretation re appeals
(5.1) The following rules apply if a by-law has been passed under subsection (5) empowering the appeal body to hear motions for directions under subsection 114 (7) of this Act or subsection 53 (4.1) of the Planning Act, or both:
1. References in this section to an appeal, other than in subsection (9), shall be read as including a reference to a motion for directions under either subsection 114 (7) of this Act or subsection 53 (4.1) of the Planning Act, or both, as the case may be.
2. The reference in subsection (8) to an appellant shall be read as including a reference to a person or public body making a motion for directions under either subsection 114 (7) of this Act or subsection 53 (4.1) of the Planning Act, or both, as the case may be.
Effect of by-law under subs. (5)
(6) If a by-law has been passed under subsection (5),
(a) the appeal body has all the powers and duties of the Local Planning Appeal Tribunal under this section and the relevant provisions of the Planning Act;
(b) all references in this section and section 114 and in the Planning Act to the Local Planning Appeal Tribunal in connection with appeals under the relevant provisions shall be read as references to the appeal body; and
(c) appeals under the relevant provisions shall be made to the appeal body, not to the Local Planning Appeal Tribunal.
(2) Subsection 115 (9.1) of the Act is repealed and the following substituted:
Exception
(9.1) Subsection (9) does not apply in respect of a motion for directions under subsection 114 (7) of this Act or subsection 53 (4.1) of the Planning Act.
(3) Subsection 115 (11) of the Act is repealed and the following substituted:
Same
(11) For the purpose of subsections (10) and (14), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (5) if it is made,
(a) in respect of the same matter as the appeal under a provision listed in subsection (5); and
(b) under another provision listed in subsection (5) in respect of which the appeal body has not been empowered, under section 17, 22, 34, 36, 38 or 51 of the Planning Act or under a regulation made under section 70.2 of that Act.
(4) Subsection 115 (12) of the Act is repealed and the following substituted:
Dispute about application of subs. (10) or (14)
(12) A person may make a motion for directions to have the Local Planning Appeal Tribunal determine a dispute about whether subsection (10) or (14) applies to an appeal.
(5) Subsection 115 (14) of the Act is repealed and the following substituted:
L.P.A.T. to assume jurisdiction
(14) If an appeal has been made to the appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal is filed with the Local Planning Appeal Tribunal in respect of a related appeal, the Tribunal shall assume jurisdiction to hear the first-mentioned appeal.
(6) Subsection 115 (22) of the Act is repealed and the following substituted:
Transition
(22) This section does not apply to the following:
1. An appeal under subsection 45 (12) of the Planning Act, if the decision of the committee in respect of which a notice of appeal is filed is made before the day on which a by-law passed under subsection (5) of this section by the City that empowers the appeal body to hear that type of appeal comes into force.
2. An appeal under subsection 53 (19) or (27) of the Planning Act, if the notice under subsection 53 (17) or (24) of that Act, as the case may be, is given before the day on which a by-law passed under subsection (5) of this section by the City that empowers the appeal body to hear that type of appeal comes into force.
3. An appeal under subsection 114 (7), (15) or (15.1) of this Act or subsection 53 (4.1) or (14) of the Planning Act, if the appeal is made before the day on which a by-law passed under subsection (5) of this section by the City that empowers the appeal body to hear that type of appeal comes into force.
Deeming rule re appeals under subs. 53 (4.1) of the Planning Act
(23) If the City has, before the day subsection 19 (1) of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, passed a by-law under subsection (5) empowering the appeal body to hear appeals under subsections 53 (14), (19) and (27) of the Planning Act, the by-law is deemed to empower the appeal body to hear appeals under subsection 53 (4.1) of that Act that are made on or after that day.
Ontario Planning and Development Act, 1994
20 Section 6 of the Ontario Planning and Development Act, 1994 is amended by adding the following subsection:
Consolidated Hearings Act
(3.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application under subsection (1) unless the Minister has appointed a hearing officer under clause 7 (4) (a) or 8 (1) (a) or referred the matter to the Local Planning Appeal Tribunal under clause 7 (4) (b) or 8 (1) (b).
Commencement
21 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Schedule 4
Amendments to the Conservation Authorities Act
1 The Conservation Authorities Act is amended by adding the following section:
Part
I
Purpose and Interpretation
Purpose
0.1 The purpose of this Act is to provide for the organization and delivery of programs and services that further the conservation, restoration, development and management of natural resources in watersheds in Ontario.
2 (1) The definitions of "administration costs" and "maintenance costs" in section 1 of the Act are repealed.
(2) Section 1 of the Act is amended by adding the following definition:
"operating expenses" include,
(a) salaries, per diems and travel expenses of employees and members of an authority,
(b) rent and other office costs,
(c) program expenses,
(d) costs that are related to the operation or maintenance of a project, but not including the project's capital costs, and
(e) such other costs as may be prescribed by regulation; ("dépenses d'exploitation")
3 The Act is amended by adding the following heading immediately before section 2:
Part
II
Establishment of conservation Authorities
4 Subsection 2 (4) of the Act is amended by striking out "but, where not fewer than three representatives are present at a meeting or adjourned meeting, they may adjourn the meeting or adjourned meeting from time to time" at the end.
5 (1) Subsection 3 (1) of the Act is amended by striking out "or adjourned meeting".
(2) Subsection 3 (5) of the Act is amended by striking out "at such rate of interest as the Minister approves".
6 (1) Subsection 4 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Upper-tier municipalities
Regional municipalities to act in place of local municipalities
(1) An upper-tier municipality that was established as a regional municipality before the day subsection 6 (1) of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force,
. . . . .
(2) Subsection 4 (2) of the Act is repealed.
7 The Act is amended by adding the following heading immediately before section 10:
Part
III
Enlarging Areas of Jurisdiction, Amalgamations and Dissolutions
8 Subsections 10 (1.1), (2), (3) and (4) of the Act are repealed and the following substituted:
Notice of meeting
(1.1) Notice of the meeting shall be given to each participating municipality of the authority and to any municipality that is completely or partly within the area specified under subsection (1).
Representatives
(2) Each municipality that receives notice of the meeting may appoint the number of representatives to attend the meeting that is determined in accordance with subsection 2 (2).
Quorum
(3) At any meeting called under this section, a quorum consists of two-thirds of the representatives that the municipalities are entitled to appoint under subsection (2).
Resolution
(4) At a meeting held under this section at which a quorum is present, a resolution may be passed to do all of the following:
1. Agree to enlarge the area over which the authority has jurisdiction.
2. Designate participating municipalities for the enlarged area.
3. Designate the enlarged area over which the authority has jurisdiction.
Two-thirds majority vote
(5) A resolution described in subsection (4) shall be passed by a majority of at least two-thirds of the representatives present at the meeting.
Resolution in effect
(6) A resolution described in subsection (4) takes effect on such terms as it may specify despite anything to the contrary in the order in council establishing the authority.
Minister's copy
(7) The municipality that called a meeting under subsection (1) shall provide the Minister with a copy of any resolution described in subsection (4) passed at the meeting promptly after the resolution is passed.
9 (1) Subsection 11 (1) of the Act is amended by striking out "council of a municipality situated completely or partly within the jurisdiction of one of the authorities" and substituting "council of a participating municipality of one of the authorities".
(2) Subsection 11 (1.1) of the Act is repealed and the following substituted:
Notice of meeting
(1.1) Notice of the meeting shall be given to each participating municipality of the relevant authorities.
Public notice
(1.2) The body or bodies that call a meeting under subsection (1) shall ensure that, at least 14 days before the meeting, notice of the meeting is,
(a) published in a newspaper having general circulation in each participating municipality, including in the electronic version of the newspaper where available; or
(b) if there is no newspaper of general circulation in a participating municipality, posted on a website maintained by the municipality and in at least one prominent place in the municipality.
Public representations
(1.3) No vote shall be taken on a resolution requesting amalgamation of the authorities unless members of the public have been given an opportunity at the meeting to make representations on the issue.
(3) Subsections 11 (2) and (3) of the Act are repealed and the following substituted:
Representatives
(2) Each municipality that receives notice of the meeting may appoint the number of representatives to attend the meeting that is determined in accordance with subsection 2 (2).
Quorum
(3) At any meeting called under this section, a quorum consists of two-thirds of the representatives that the municipalities are entitled to appoint under subsection (2).
(4) Subsection 11 (4) of the Act is repealed and the following substituted:
Resolution
(4) At a meeting held under this section at which a quorum is present, a resolution may be passed to do all of the following:
1. Establish a new authority that has jurisdiction over areas that previously were under the separate jurisdiction of the two or more existing authorities of the adjoining watersheds.
2. Dissolve the existing authorities.
3. Designate the participating municipalities for the new authority.
4. Designate the area over which the new authority has jurisdiction.
Two-thirds majority vote
(4.1) A resolution described in subsection (4) shall be passed by a majority of at least two-thirds of the representatives present at the meeting.
Approval by Minister
(4.2) The authorities or the municipality who called a meeting under subsection (1) shall submit the resolution passed in accordance with subsection (4.1) to the Minister for approval and the Minister may approve the resolution with such changes and on such terms and conditions as he or she considers appropriate.
Resolution in effect
(4.3) The resolution takes effect in accordance with the terms of the resolution and the Minister's approval.
(5) Subsection 11 (5) of the Act is amended by striking out "Upon the establishment of a new authority and the dissolution of the existing authorities under subsection (4)" at the beginning and substituting "When the establishment of a new authority and the dissolution of the existing authorities take effect under subsection (4.3)".
10 (1) Section 13.1 of the Act is amended by adding the following subsection:
Public notice
(1.1) The authority that calls a meeting under subsection (1) shall ensure that, at least 14 days before the meeting, notice of the meeting is,
(a) published in a newspaper having general circulation in each participating municipality, including in the electronic version of the newspaper where available; or
(b) if there is no newspaper of general circulation in a participating municipality, posted on a website maintained by the municipality and in at least one prominent place in the municipality.
(2) Subsection 13.1 (2) of the Act is amended by striking out "who were appointed by participating municipalities" at the end.
(3) Subsections 13.1 (3) and (4) of the Act are repealed.
(4) Subsection 13.1 (7) of the Act is repealed.
11 The Act is amended by adding the following heading immediately before section 14:
Part
IV
Membership and Governance
12 (1) Subsection 14 (1) of the Act is repealed and the following substituted:
Members of authority
(1) Members of an authority shall be appointed by the respective councils of the participating municipalities in the numbers set out in subsection 2 (2) for the appointment of representatives.
(2) Subsection 14 (4) of the Act is repealed and the following substituted:
Requirements regarding composition of authority
(4) The appointment of members to an authority shall be in accordance with such additional requirements regarding the composition of the authority and the qualification of members as may be prescribed by regulation.
Term
(4.1) A member shall be appointed for a term of up to four years, as may be determined by the council that appoints the member.
Same
(4.2) A member's term begins at the first meeting of the authority after his or her appointment and expires immediately before the first meeting of the authority after the appointment of his or her replacement.
Replacement of member
(4.3) Despite subsections (4.1) and (4.2), a member may be replaced by the council of the participating municipality that appointed the member.
Reappointment
(4.4) A member is eligible to be reappointed.
13 Section 15 of the Act is amended by adding the following subsection:
Open meetings
(3) Every meeting held by the authority shall be open to the public, subject to such exceptions as may be specified in the by-laws of the authority.
14 Subsection 17 (1) of the Act is amended by striking out "At the first meeting of an authority and thereafter at the first meeting held in each year" at the beginning and substituting "At the first meeting held in each year or at such other meeting as may be specified by the authority's by-laws".
15 Subsection 18 (2) of the Act is repealed and the following substituted:
Advisory boards
(2) An authority shall establish such advisory boards as may be required by regulation and may establish such other advisory boards as it considers appropriate.
Same
(3) An advisory board shall comply with any requirements that may be prescribed by regulation with respect to its composition, functions, powers, duties, activities and procedures.
16 The Act is amended by adding the following section:
By-laws
19.1 (1) An authority may make by-laws,
(a) respecting the meetings to be held by the authority, including providing for the calling of the meetings and the procedures to be followed at meetings, specifying which meetings, if any, may be closed to the public;
(b) prescribing the powers and duties of the secretary-treasurer;
(c) designating and empowering officers to sign contracts, agreements and other documents on behalf of the authority;
(d) delegating all or any of its powers to the executive committee except,
(i) the termination of the services of the secretary-treasurer,
(ii) the power to raise money, and
(iii) the power to enter into contracts or agreements other than those contracts or agreements as are necessarily incidental to the works approved by the authority;
(e) providing for the composition of its executive committee and for the establishment of other committees that it considers advisable and respecting any other matters relating to its governance;
(f) respecting the roles and responsibilities of the members of the authority and of its officers and senior staff;
(g) requiring accountability and transparency in the administration of the authority including,
(i) providing for the retention of records specified in the by-laws and for making the records available to the public,
(ii) establishing a code of conduct for the members of the authority, and
(iii) adopting conflict of interest guidelines for the members of the authority;
(h) respecting the management of the authority's financial affairs, including auditing and reporting on the authority's finances;
(i) respecting the by-law review required under subsection (3) and providing for the frequency of the reviews; and
(j) respecting such other matters as may be prescribed by regulation.
Conflict with other laws
(2) If a by-law made by an authority conflicts with any provision of the Municipal Conflict of Interest Act or the Municipal Freedom of Information and Protection of Privacy Act or a provision of a regulation made under one of those Acts, the provision of the Act or regulation prevails.
Periodic review of by-laws
(3) At such regular intervals as may be determined by by-law, an authority shall undertake a review of all of its by-laws to ensure, amongst other things, that the by-laws are in compliance with any Act referred to in subsection (2) or any other relevant law.
By-laws available to public
(4) An authority shall make its by-laws available to the public in the manner it considers appropriate.
Transition
(5) An authority shall make such by-laws under this section as are required for its proper administration,
(a) in the case of an authority that was established on or before the day section 16 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, within one year of that day; and
(b) in the case of an authority that is established after the day section 16 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, within one year of the day the authority is established.
Same
(6) Despite the repeal of section 30 by section 28 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, a regulation that was made by an authority under that section continues in force after the repeal until the earlier of,
(a) the day that is one year after the day section 16 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force; and
(b) the day the regulation is revoked by the authority.
Direction by Minister
(7) The Minister may give an authority a written direction to make or amend a by-law on any matter described in subsection (1), in accordance with the direction, within such period of time as may be specified in the direction.
Compliance
(8) The authority that receives a direction under subsection (7) shall comply with the direction within the time specified in the direction.
Regulation where failure to comply
(9) If an authority fails to adopt a by-law in accordance with the direction made under subsection (7), the Minister may make regulations in relation to the matters set out in the direction that are applicable in the area of jurisdiction of the authority.
Same
(10) Any regulation made by the Minister under subsection (9) prevails over any conflicting by-law that the authority may have adopted.
17 The Act is amended by adding the following heading immediately before section 20:
Part
V
Objects, Powers and Duties
18 Subsection 20 (1) of the Act is amended by striking out "to establish and undertake, in the area over which it has jurisdiction, a program designed" and substituting "to provide, in the area over which it has jurisdiction, programs and services designed".
19 (1) Clause 21 (1) (a) of the Act is amended by striking out "a program" and substituting "programs and services".
(2) Clause 21 (1) (f) of the Act is amended by adding "or to further the authority's objects" at the end.
(3) Clause 21 (1) (m.1) of the Act is repealed.
(4) Clause 21 (1) (n) of the Act is amended by adding "and individuals" at the end.
(5) Clause 21 (1) (q) of the Act is amended by adding "or as may be desirable to further the objects of the authority" at the end.
20 (1) The Act is amended by adding the following section:
Programs and services
21.1 (1) The following are the programs and services that an authority is required or permitted to provide within its area of jurisdiction:
1. Mandatory programs and services that are required by regulation.
2. Municipal programs and services that the authority agrees to provide on behalf of municipalities situated in whole or in part within its area of jurisdiction under a memorandum of understanding referred to in subsection (3).
3. Such other programs and services as the authority may determine are advisable to further its objects.
Mandatory programs and services
(2) Programs and services referred to in paragraph 1 of subsection (1) shall be provided in accordance with such standards and requirements as may be set out in the regulations.
Memorandum of understanding with municipalities
(3) An authority may enter into a memorandum of understanding with a municipality situated in whole or in part within its area of jurisdiction in respect of programs and services that the authority will provide on behalf of the municipality.
Periodic review of memorandum
(4) An authority and a municipality who have entered into a memorandum of understanding described in subsection (3) shall review the memorandum at such regular intervals as may be determined by the memorandum.
Municipal programs and services
(5) Programs and services that an authority agrees to provide on behalf of a municipality shall be provided in accordance with the terms and conditions set out in the memorandum of understanding or in such other agreement as may be entered into by the authority and the municipality.
Consultation
(6) An authority shall carry out such consultations with respect to the programs and services it provides as may be required by regulation and shall do so in the manner specified by regulation.
(2) Section 21.1 of the Act, as enacted by subsection (1), is amended by adding the following subsection:
Memorandum available to public
(3.1) An authority shall make a memorandum of understanding referred to in subsection (3) available to the public in such manner as may be determined in the memorandum.
21 The Act is amended by adding the following section:
Fees for programs and services
21.2 (1) The Minister may determine classes of programs and services in respect of which an authority may charge a fee.
Publication of list
(2) The Minister shall publish the list of classes of programs and services in respect of which an authority may charge a fee in a policy document and distribute the document to each authority.
Updating list
(3) If the Minister makes changes to the list of classes of programs and services in respect of which an authority may charge a fee, the Minister shall promptly update the policy document referred to in subsection (2) and distribute the new document to each authority.
Where authority may charge fee
(4) An authority may charge a fee for a program or service that it provides only if it is set out on the list of classes of programs and services referred to in subsection (2).
Amount of fee
(5) The amount of a fee charged by an authority for a program or service it provides shall be,
(a) the amount prescribed by the regulations; or
(b) if no amount is prescribed, the amount determined by the authority.
Fee schedule
(6) Every authority shall prepare and maintain a fee schedule that sets out,
(a) the list of programs and services that it provides and in respect of which it charges a fee; and
(b) the amount of the fee charged for each program or service or the manner in which the fee is determined.
Fee policy
(7) Every authority shall adopt a written policy with respect to the fees that it charges for the programs and services it provides, and the policy shall set out,
(a) the fee schedule described in subsection (6);
(b) the frequency within which the fee policy shall be reviewed by the authority under subsection (9);
(c) the process for carrying out a review of the fee policy, including the rules for giving notice of the review and of any changes resulting from the review; and
(d) the circumstances in which a person may request that the authority reconsider a fee that was charged to the person and the procedures applicable to the reconsideration.
Fee policy to be made public
(8) Every authority shall make the fee policy available to the public in a manner it considers appropriate.
Periodic review of fee policy
(9) At such regular intervals as may be determined by an authority, the authority shall undertake a review of its fee policy, including a review of the fees set out in the fee schedule.
Notice of fee changes
(10) If, after a review of a fee policy or at any other time, an authority wishes to make a change to the list of fees set out in the fee schedule or to the amount of any fee or the manner in which a fee is determined, the authority shall give notice of the proposed change to the public in a manner it considers appropriate.
Reconsideration of fee charged
(11) Any person who considers that the authority has charged a fee that is contrary to the fees set out in the fee schedule, or that the fee set out in the fee schedule is excessive in relation to the service or program for which it is charged, may apply to the authority in accordance with the procedures set out in the fee policy and request that it reconsider the fee that was charged.
Powers of authority on reconsideration
(12) Upon reconsideration of a fee that was charged for a program or service provided by an authority, the authority may,
(a) order the person to pay the fee in the amount originally charged;
(b) vary the amount of the fee originally charged, as the authority considers appropriate; or
(c) order that no fee be charged for the program or service.
22 The Act is amended by adding the following section:
Information required by Minister
23.1 (1) An authority shall provide the Minister with such information as the Minister may require in relation to its operations, including the programs and services it provides.
Same
(2) The information shall be provided at the time and in the manner as the Minister may specify.
Publication
(3) If directed by the Minister to do so, an authority shall publish all or such portion of the information provided to the Minister under subsection (1) and shall do so at the time and in the manner specified by the Minister.
23 Sections 24, 25 and 26 of the Act are repealed and the following substituted:
Projects requiring approval
24 Before proceeding with a project that involves money granted by the Minister under section 39, the authority shall file plans and a description with the Minister and obtain his or her approval in writing.
Recovery of project capital costs
25 (1) An authority may, from time to time, determine the amount of capital costs to be incurred in connection with a project and apportion the capital costs to the participating municipalities in accordance with the regulations.
Notice of apportionment
(2) An authority shall send a notice of apportionment in writing to each participating municipality setting out the amount of the capital costs for a project that has been apportioned to the participating municipality.
Payment of apportioned amount
(3) Each participating municipality shall pay to the authority the portion of the capital costs for a project that is specified in the notice of apportionment in accordance with the requirements set out in the notice and with this section.
How money to be raised
(4) Each participating municipality may issue debentures to provide financing for the capital costs for a project of an authority.
Where money raised over several years
(5) If the notice of apportionment requires a municipality to raise its portion of the capital costs for a project over a period of two or more years, the municipality shall, within 30 days of receiving the notice of apportionment, give the authority written notice of how it will pay its portion of the capital costs.
Debt due
(6) The amount of the portion of the capital costs for a project that is specified in a notice of apportionment sent to a participating municipality is a debt due by the participating municipality to the authority and may be enforced by the authority as such.
Review of apportionment of capital costs
26 (1) Any participating municipality that receives a notice of apportionment under section 25 may, within 30 days after receiving the notice of apportionment, apply to the Ontario Municipal Board, or to such other body as may be prescribed by regulation, for a review of the apportionment among the participating municipalities of the capital costs for the relevant project.
Same
(2) The participating municipality that makes an application under subsection (1) shall send a copy of the notice of application to the authority and to every other participating municipality of the authority.
Hearing
(3) The Ontario Municipal Board, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the apportionment of capital costs among the participating municipalities, including considering whether the apportionment complies with section 25 and the regulations and whether the portion apportioned to the municipality is otherwise appropriate.
Parties
(4) The parties to the hearing are the applicant municipality, the authority, any other participating municipality of the authority that requests to be a party, and such other persons as the Ontario Municipal Board, or such other body as may be prescribed by regulation, may determine.
Requirement to pay costs stayed
(5) A participating municipality that makes an application under this section is not required to pay the portion of the capital costs that was apportioned to the municipality under the notice of apportionment until the determination of the application.
Delay of notice
(6) A participating municipality that makes an application under this section is not required to give notice under subsection 25 (5) until 30 days after the final determination of the application.
Powers on hearing
(7) Upon hearing an application under this section, the Ontario Municipal Board, or such other body as may be prescribed by regulation, may confirm or vary the apportionment of the capital costs by the authority among the participating municipalities.
Decision final
(8) A decision under subsection (7) is final.
24 (1) Section 27 of the Act is repealed and the following substituted:
Recovery of operating expenses
27 (1) Every year an authority shall determine its operating expenses for the subsequent year and apportion those expenses to the participating municipalities in accordance with the regulations.
Fixed portion for some municipalities
(2) Despite subsection (1) and subject to the regulations, an authority may establish a fixed minimal amount as the portion of the authority's operating expenses that a participating municipality is required to pay each year, and may apportion that amount to the municipality instead of the portion determined under subsection (1) in any year in which the fixed minimal amount exceeds the portion determined under subsection (1).
Notice of apportionment
(3) An authority shall send a notice of apportionment in writing to each participating municipality setting out the amount of the operating expenses that has been apportioned to the participating municipality.
Payment of apportioned amount
(4) Each participating municipality shall pay to the authority the portion of the operating expenses that is specified in the notice of apportionment in accordance with the requirements set out in the notice and with this section.
Debt due
(5) The amount of the portion of the operating expenses specified in a notice of apportionment sent to a participating municipality is a debt due by the participating municipality to the authority and may be enforced by the authority as such.
Review of apportionment of operating expenses
27.1 (1) Any participating municipality that receives a notice of apportionment under section 27 may, within 30 days of receiving the notice, apply to the Mining and Lands Commissioner, or to such other body as may be prescribed by regulation, for a review of the apportionment of the operating expenses.
Same
(2) The participating municipality that makes an application under subsection (1) shall send a copy of the notice of application to the authority and to every other participating municipality of the authority.
Hearing
(3) The Mining and Lands Commissioner, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the apportionment of the operating expenses, including considering whether the apportionment complies with section 27 and the regulations and whether the portion apportioned to the municipality is otherwise appropriate.
Parties
(4) The parties to the hearing are the applicant municipality, the authority, any other participating municipality of the authority that requests to be a party and such other persons as the Mining and Lands Commissioner, or such other body as may be prescribed by regulation, may determine.
No stay
(5) The appellant municipality shall comply with the notice of apportionment pending the determination of the application.
Powers on hearing
(6) Upon hearing an application under this section, the Mining and Lands Commissioner, or such other body as may be prescribed by regulation, may confirm or vary the apportionment of the operating expenses by the authority among the participating municipalities and may order participating municipalities to pay such portion of the operating expenses as it determines.
Decision final
(7) A decision under subsection (6) is final.
(2) Section 27.1 of the Act, as enacted by subsection (1), is amended by striking out "Mining and Lands Commissioner" wherever it appears and substituting in each case "Mining and Lands Tribunal".
25 Section 28 of the Act is repealed and the following substituted:
Part
VI
regulation of Areas over which Authorities have Jurisdiction
Prohibited activities re watercourses, wetlands, etc.
28 (1) Subject to subsections (2), (3) and (4) and section 28.1, no person shall carry on the following activities, or permit another person to carry on the following activities, in the area of jurisdiction of an authority:
1. Activities to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or to change or interfere in any way with a wetland.
2. Development activities in areas that are within the authority's area of jurisdiction and are,
i. hazardous lands,
ii. wetlands,
iii. river or stream valleys the limits of which shall be determined in accordance with the regulations,
iv. areas that are adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to an inland lake and that may be affected by flooding, erosion or dynamic beach hazards, such areas to be further determined or specified in accordance with the regulations, or
v. other areas in which development should be prohibited or regulated, as may be determined by the regulations.
Exception, aggregates
(2) The prohibitions in subsection (1) do not apply to an activity approved under the Aggregate Resources Act after December 18, 1998, the date the Red Tape Reduction Act, 1998 received Royal Assent.
Same, prescribed activities
(3) The prohibitions in subsection (1) do not apply to an activity or a type of activity that is prescribed by regulation and is carried out in accordance with the regulations.
Same, prescribed areas
(4) The prohibitions in subsection (1) do not apply to any activity described in that subsection if it is carried out,
(a) in an area that is within an authority's area of jurisdiction and specified in the regulations; and
(b) in accordance with any conditions specified in the regulations.
Definitions
(5) In this section,
"development activity" means a development activity as defined by regulation; ("activité d'aménagement")
"hazardous land" means hazardous land as defined by regulation; ("terrain dangereux")
"watercourse" means a watercourse as defined by regulation; ("cours d'eau")
"wetland" means a wetland as defined by regulation. ("terre marécageuse")
Permits
28.1 (1) An authority may issue a permit to a person to engage in an activity specified in the permit that would otherwise be prohibited by section 28, if, in the opinion of the authority,
(a) the activity is not likely to affect the control of flooding, erosion, dynamic beaches or pollution or the conservation of land;
(b) the activity is not likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; and
(c) any other requirements that may be prescribed by the regulations are met.
Application for permit
(2) A person who wishes to engage in an activity that is prohibited under section 28 in an area situated in the jurisdiction of an authority may apply to the authority for a permit under this section.
Same
(3) An application for a permit shall be made in accordance with the regulations and include such information as is required by regulation.
Conditions
(4) Subject to subsection (5), an authority may issue a permit with or without conditions.
Hearing
(5) An authority shall not refuse an application for a permit or attach conditions to a permit unless the applicant for the permit has been given an opportunity to be heard by the authority.
Renewable energy projects
(6) In the case of an application for a permit to engage in development related to a renewable energy project as defined in subsection 1 (1) of the Green Energy Act, 2009,
(a) the authority shall not refuse the permit unless it is of the opinion that it is necessary to do so to control pollution, flooding, erosion or dynamic beaches; and
(b) despite subsection (4), the authority shall not impose conditions on the permit unless the conditions relate to controlling pollution, flooding, erosion or dynamic beaches.
Reasons for decision
(7) If the authority, after holding a hearing, refuses a permit or issues the permit subject to conditions, the authority shall give the applicant written reasons for the decision.
Appeal
(8) An applicant who has been refused a permit or who objects to conditions imposed on a permit may, within 30 days of receiving the reasons under subsection (7), appeal to the Minister who may,
(a) refuse the permit; or
(b) order the authority to issue the permit, with or without conditions.
Definition
(9) In this section,
"pollution" means pollution as defined by regulation.
Period of validity
28.2 A permit shall be valid for a period to be determined in accordance with the regulations.
Cancellation of permits
28.3 (1) An authority may cancel a permit issued under section 28.1 if it is of the opinion that the conditions of the permit have not been met or that the circumstances that are prescribed by regulation exist.
Notice
(2) Before cancelling a permit, an authority shall give a notice of intent to cancel to the permit holder indicating that the permit will be cancelled on a date specified in the notice unless the holder requests a hearing under subsection (3).
Request for hearing
(3) Within 15 days of receiving a notice of intent to cancel a permit from the authority, the permit holder may submit a written request for a hearing to the authority.
Hearing
(4) The authority shall set a date for the hearing and hold the hearing within a reasonable time after receiving a request for a hearing.
Power
(5) After a hearing, the authority may confirm, rescind or vary the decision to cancel a permit.
Delegation of power
28.4 An authority may delegate any of its powers relating to the issuance or cancellation of permits under this Act or the regulations, or to the holding of hearings in relation to the permits, to the authority's executive committee or to any other person or body, subject to any limitations or requirements that may be prescribed by regulation.
26 The Act is amended by adding the following section:
Regulations: activities affecting natural resources
28.5 (1) The Lieutenant Governor in Council may make regulations with respect to activities that may impact the conservation, restoration, development or management of natural resources and that may be carried out in the areas of jurisdiction of authorities, including regulations,
(a) identifying activities that have or may have an impact on the conservation, restoration, development or management of natural resources for the purposes of the regulation;
(b) regulating those activities;
(c) prohibiting those activities or requiring that a person obtain a permit from the relevant authority to engage in the activities in the authority's area of jurisdiction.
Same
(2) A regulation under clause (1) (c) that requires that a person obtain a permit from the relevant authority to engage in an activity described in subsection (1) may,
(a) provide for applications to be made to an authority for the permit and specify the manner, content and form of the application;
(b) provide for the issuance, expiration, renewal and cancellation of a permit;
(c) require hearings in relation to any matter referred to in clauses (a) and (b) and specify the person before whom, or the body before which, the matter shall be heard, provide for notices and other procedural matters relating to the hearing and provide for an appeal from any decision.
Same
(3) A regulation made under this section may be limited in its application to one or more authorities or activities.
27 (1) Subsection 29 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Regulations: public use of authority's property
(1) The Minister may make regulations with respect to land and other property owned by authorities including regulations,
. . . . .
(2) Subsections 29 (1.1), (1.2) and (2) of the Act are repealed and the following substituted:
Same
(2) A regulation made under this section may be limited in its application to one or more authorities.
28 Section 30 of the Act is repealed.
29 Section 30.1 of the Act is repealed and the following substituted:
Part
VII
Enforcement and Offences
Appointment of officers
30.1 An authority may appoint officers for the purposes of ensuring compliance with this Act and the regulations.
Entry without warrant
30.2 (1) An officer appointed by an authority under section 30.1 may, subject to subsections (2) and (3), enter any land situated in the authority's area of jurisdiction for the purposes of determining compliance with subsection 28 (1), a regulation made under subsection 28 (3) or section 28.5 or with the conditions of a permit issued under section 28.1 or under a regulation made under clause 28.5 (1) (c).
No entry to buildings
(2) The power to enter land under subsection (1) does not authorize the entry into a dwelling or other building situated on the land.
Time of entry
(3) The power to enter land under subsection (1) may be exercised at any reasonable time.
Power upon entry
(4) An officer who enters land under subsection (1) may do any of the following things:
1. Inspect any thing that is relevant to the inspection.
2. Conduct any tests, take any measurements, take any specimens or samples, set up any equipment and make any photographic or other records that may be relevant to the inspection.
3. Ask any questions that are relevant to the inspection to the occupant of the land.
No use of force
(5) Subsection (1) does not authorize the use of force.
Experts, etc.
(6) An officer who enters land under this section may be accompanied and assisted by any person with such knowledge, skills or expertise as may be required for the purposes of the inspection.
Searches
Search with warrant
30.3 (1) An officer may obtain a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under this Act.
Assistance
(2) The search warrant may authorize any person specified in the warrant to accompany and assist the officer in the execution of the warrant.
Search without warrant
(3) If an officer has reasonable grounds to believe that there is something on land that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the officer may, without warrant, enter and search the land.
No entry to buildings
(4) The power to enter land under subsection (3) does not authorize the entry into a dwelling or other building situated on the land.
Stop order
30.4 (1) An officer appointed under section 30.1 may make an order requiring a person to stop engaging in or not to engage in an activity if the officer has reasonable grounds to believe that the person is engaging in the activity, has engaged in the activity or is about to engage in the activity and, as a result, is contravening,
(a) subsection 28 (1) or a regulation made under subsection 28 (3) or under section 28.5; or
(b) the conditions of a permit that was issued under section 28.1 or under a regulation made under clause 28.5 (1) (c).
Information to be included in order
(2) The order shall,
(a) specify the provision that the officer believes is being, has been or is about to be contravened;
(b) briefly describe the nature of the contravention and its location; and
(c) state that a hearing on the order may be requested in accordance with this section.
Service of order
(3) An order under this section shall be served personally or by registered mail addressed to the person against whom the order is made at the person's last known address.
Registered mail
(4) An order served by registered mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the order until a later date.
Effective date
(5) An order under this section takes effect when it is served, or at such later time as is specified in the order.
Right to hearing
(6) A person who is served with an order under this section may request a hearing before the authority or, if the authority so directs, before the authority's executive committee by mailing or delivering to the authority, within 30 days after service of the order, a written request for a hearing that includes a statement of the reasons for requesting the hearing.
Powers of authority
(7) After holding a hearing, the authority or executive committee, as the case may be, shall,
(a) confirm the order;
(b) amend the order; or
(c) remove the order, with or without conditions.
Reasons for decision
(8) The authority or executive committee, as the case may be, shall give the person who requested the hearing written reasons for the decision.
Appeal
(9) Within 30 days after receiving the reasons mentioned in subsection (8), the person who requested the hearing may appeal to the Minister and, after reviewing the submissions, the Minister may,
(a) confirm the order;
(b) amend the order; or
(c) remove the order, with or without conditions.
Offences
30.5 (1) Every person is guilty of an offence if he or she contravenes,
(a) subsection 28 (1) or a regulation made under subsection 28 (3) or under section 28.5;
(b) the conditions of a permit that was issued under section 28.1 or under a regulation made under clause 28.5 (1) (c); or
(c) a stop order issued under section 30.4.
Penalty
(2) A person who commits an offence under subsection (1) is liable on conviction,
(a) in the case of an individual,
(i) to a fine of not more than $50,000 or to a term of imprisonment of not more than three months, or to both, and
(ii) to an additional fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues; and
(b) in the case of a corporation,
(i) to a fine of not more than $1,000,000, and
(ii) to an additional fine of not more than $200,000 for each day or part of a day on which the offence occurs or continues.
Monetary benefit
(3) Despite the maximum fines set out in clauses (2) (a) and (b), a court that convicts a person of an offence under clause (1) (a) or (b) may increase the fine it imposes on the person by an amount equal to the amount of the monetary benefit that was acquired by the person, or that accrued to the person, as a result of the commission of the offence.
Contravening s. 29 regulations
(4) Every person who contravenes a regulation made under section 29 is guilty of an offence and on conviction is liable to a fine of not more than $1,000.
Obstruction of officer
(5) Every person who prevents or obstructs an officer from entering land under section 30.2 or 30.3 is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Limitation period
30.6 A proceeding shall not be commenced with respect to an offence under subsection 30.5 (1), (4) or (5) more than two years after the day on which the offence first comes to the attention of an officer appointed under section 30.1.
Rehabilitation orders
30.7 (1) In addition to any other remedy or penalty provided by law, the court, upon convicting a person of an offence under clause 30.5 (1) (a) or (b), may order the convicted person to,
(a) remove, at the convicted person's expense, any development within such reasonable time as the court orders; and
(b) take such actions as the court directs, within the time the court may specify, to repair or rehabilitate the damage that results from or is in any way connected to the commission of the offence.
Non-compliance with order
(2) If a person does not comply with an order made under subsection (1), the authority having jurisdiction may arrange for any removal, repair or rehabilitation that was required of a person under subsection (1) to be carried out.
Liability for certain costs
(3) The person to whom an order is made under subsection (1) is liable for the cost of any removal, repair or rehabilitation arranged by an authority under subsection (2), and the amount is recoverable by the authority by action in a court of competent jurisdiction.
30 The Act is amended by adding the following heading immediately before section 31:
Part
VIII
Matters relating to Land and Water use
31 The Act is amended by adding the following heading immediately before section 36:
Part
IX
Miscellaneous
32 Section 37 of the Act is repealed and the following substituted:
Spending by authority
37 All money that is paid to an authority for specified purposes under this Act may be spent by the authority as it considers proper.
33 (1) Section 40 of the Act is repealed and the following substituted:
Regulations, Lieutenant Governor in Council
40 (1) The Lieutenant Governor in Council may make regulations,
(a) governing the composition of conservation authorities and prescribing additional requirements regarding the appointment and qualifications of members of conservation authorities;
(b) governing advisory boards established under subsection 18 (2), including requiring authorities to establish one or more advisory boards and prescribing requirements with respect to the composition, functions, powers, duties, activities and procedures of any advisory board that is established;
(c) governing programs and services provided by authorities under paragraph 1 of subsection 21.1 (1), requiring authorities to provide those programs and services and respecting standards and requirements applicable to those programs and services;
(d) governing the apportionment of an authority's capital costs in connection with a project for the purposes of section 25;
(e) governing reviews under sections 26 and 27.1, including prescribing a body that may conduct such reviews instead of the Ontario Municipal Board or the Mining and Lands Commissioner, as the case may be;
(f) governing the apportionment of an authority's operating expenses for the purposes of section 27, prescribing expenses as operating expenses for the purposes of section 27, governing the amount that participating municipalities are required to pay under section 27, including the fixed amount that a participating municipality may be required to pay under subsection 27 (2), and restricting and prohibiting the apportionment of certain types of operating expenses;
(g) defining any term that is used in this Act and that is not defined in this Act;
(h) respecting anything that is necessary or advisable for the proper administration of this Act.
Same
(2) The standards and requirements established for programs and services in a regulation made under clause (1) (c) may include standards and requirements to mitigate the impacts of climate change and provide for adaptation to a changing climate, including through increasing resiliency.
Regulations, Minister
(3) The Minister may make regulations,
(a) prescribing matters that may be the subject of by-laws made under clause 19.1 (1) (j);
(b) respecting the amount of any fee that may be charged by an authority in relation to a program or service, including determining the manner in which the fee is calculated;
(c) governing consultations that an authority must carry out for the purposes of subsection 21.1 (6);
(d) governing the information that authorities must provide to the Minister under section 23.1, including the publication of that information;
(e) governing the prohibitions set out in section 28, including,
(i) prescribing the limits on river and stream valleys for the purposes of subparagraph 2 iii of subsection 28 (1),
(ii) determining or specifying areas for the purposes of subparagraph 2 iv of subsection 28 (1),
(iii) determining areas in which development should be prohibited or regulated for the purposes of subparagraph 2 v of subsection 28 (1),
(iv) prescribing activities or types of activities to which the prohibitions set out in subsection 28 (1) do not apply and respecting the manner or circumstances in which the activities or types of activities may be carried out and any conditions or restrictions that apply to the activity or type of activity,
(v) prescribing areas in which the prohibitions set out in subsection 28 (1) do not apply and respecting the manner or circumstances in which the activities may be carried out in such areas and any conditions or restrictions that apply to carrying out activities in such areas,
(vi) defining "development activity", "hazardous land", "watercourse" and "wetland" for the purposes of section 28;
(f) governing applications for permits under section 28.1, the issuance of the permits and the power of authorities to refuse permits, including prescribing requirements that must be met for the issuance of permits under clause 28.1 (1) (c), conditions that may be attached to a permit or circumstances in which a permit may be cancelled under section 28.3 and respecting the period for which a permit is valid;
(g) defining "pollution" for the purposes of the Act;
(h) governing the delegation of powers by an authority under section 28.4 and prescribing any limitations or requirements related to the delegation.
(2) Clause 40 (1) (e) of the Act, as enacted by subsection (1), is amended by striking out "Mining and Lands Commissioner" and substituting "Mining and Lands Tribunal".
34 The Act is amended by adding the following section:
Rolling incorporations
41 A regulation made under this Act that adopts a document by reference may adopt the document as it may be amended from time to time after the regulation is made.
Commencement
35 (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Building Better Communities and Conserving Watersheds Act, 2017 receives Royal Assent.
(2) Section 13 comes into force one year after the day the Building Better Communities and Conserving Watersheds Act, 2017 receives Royal Assent.
(3) Section 2, subsections 19 (3) and 20 (2) and sections 21, 23, 24, 25, 26, 27, 29 and 33 come into force on a day to be named by proclamation of the Lieutenant Governor.
Schedule 5
Amendments to Various Acts Consequential to the Enactment of the Local Planning
Appeal Tribunal Act, 2017
Aggregate Resources Act
1 The definition of "Board" in subsection 1 (1) of the Aggregate Resources Act is repealed.
2 The following provisions of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Local Planning Appeal Tribunal":
1. Subsections 11 (9), (11), (12), (13) and (14).
2. Subsections 12 (1) and (2).
3. Subsections 13 (6) to (9).
4. Subsections 16 (8) to (11).
5. Subsections 18 (5) to (8).
6. Subsections 20 (4), (6), (7) and (8).
3 (1) Subsections 11 (5) to (8) of the Act are repealed and the following substituted:
Referral to Local Planning Appeal Tribunal
(5) The Minister may refer the application and any objections arising out of the notification and consultation procedures that are prescribed or set out in a custom plan to the Local Planning Appeal Tribunal for a hearing, and may direct that the Local Planning Appeal Tribunal shall determine only the issues specified in the referral.
Parties
(6) The parties to the hearing are,
(a) the applicant;
(b) the person who made the objection;
(c) the Minister, if he or she notifies the Local Planning Appeal Tribunal of his or her intention to be a party; and
(d) such other persons as are specified by the Local Planning Appeal Tribunal.
Combined hearing
(7) The Local Planning Appeal Tribunal may consider an application and objections referred to the Local Planning Appeal Tribunal under subsection (5) and a related appeal to the Local Planning Appeal Tribunal under the Planning Act at the same hearing.
Powers of Local Planning Appeal Tribunal
(8) The following rules apply if an application is referred to the Local Planning Appeal Tribunal:
1. The Local Planning Appeal Tribunal may hold a hearing and direct the Minister to issue the licence subject to the prescribed conditions and to any additional conditions specified by the Local Planning Appeal Tribunal, but the Minister may refuse to impose an additional condition specified by the Local Planning Appeal Tribunal if he or she is of the opinion that the condition is not consistent with the purposes of this Act.
2. The Local Planning Appeal Tribunal may hold a hearing and direct the Minister to refuse to issue the licence.
3. If the Local Planning Appeal Tribunal is of the opinion that an objection referred to it is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay, the Local Planning Appeal Tribunal may, without holding a hearing, on its own initiative or on a party's motion, refuse to consider the objection. If consideration of all the objections referred to the Local Planning Appeal Tribunal in connection with an application is refused in this way, the Local Planning Appeal Tribunal may direct the Minister to issue the licence subject to the prescribed conditions.
4. If all of the parties to a hearing, other than the applicant, withdraw before the commencement of the hearing, the Local Planning Appeal Tribunal may refer the application back to the Minister and the Minister shall decide whether to issue or refuse to issue the licence.
(2) Subsection 11 (15) of the Act is repealed and the following substituted:
No petition or review
(15) Section 35 of the Local Planning Appeal Tribunal Act, 2017 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Local Planning Appeal Tribunal under this section.
4 Subsection 13 (10) of the Act is repealed and the following substituted:
No petition or review
(10) Section 35 of the Local Planning Appeal Tribunal Act, 2017 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Local Planning Appeal Tribunal under this section.
5 Subsection 16 (12) of the Act is repealed and the following substituted:
No petition or review
(12) Section 35 of the Local Planning Appeal Tribunal Act, 2017 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Local Planning Appeal Tribunal under this section.
6 Subsection 18 (9) of the Act is repealed and the following substituted:
No petition or review
(9) Section 35 of the Local Planning Appeal Tribunal Act, 2017 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Local Planning Appeal Tribunal under this section.
7 Subsection 20 (9) of the Act is repealed and the following substituted:
No petition or review
(9) Section 35 of the Local Planning Appeal Tribunal Act, 2017 and section 21.2 of the Statutory Powers Procedure Act do not apply to an order or decision of the Local Planning Appeal Tribunal under this section.
City of Toronto Act, 2006
8 Subsection 9 (2) of the City of Toronto Act, 2006 is amended by striking out "with the approval of the Ontario Municipal Board" and substituting "with the approval of the Local Planning Appeal Tribunal".
9 (1) Subsection 114 (7) of the Act is amended by striking out "the Ontario Municipal Board" and substituting "the Local Planning Appeal Tribunal".
(2) Subsection 114 (8) of the Act is amended by striking out "The Ontario Municipal Board's determination" at the beginning and substituting "The Local Planning Appeal Tribunal's determination".
10 (1) Subsection 115 (10) of the Act is repealed and the following substituted:
Exception, related appeals
(10) Despite subsection (6), an appeal under a provision listed in subsection (5) shall be made to the Local Planning Appeal Tribunal, not to the appeal body, if a related appeal,
(a) has previously been made to the Tribunal and has not yet been finally disposed of; or
(b) is made to the Tribunal together with the appeal under a provision listed in subsection (5).
(2) Subsection 115 (13) of the Act is amended by striking out "The Ontario Municipal Board's determination" at the beginning and substituting "The Local Planning Appeal Tribunal's determination".
(3) Subsection 115 (15) of the Act is repealed and the following substituted:
Same
(15) When the Local Planning Appeal Tribunal assumes jurisdiction as described in subsection (14), the appeal body,
(a) shall immediately forward to the Tribunal all information and material in its possession that relates to the appeal; and
(b) shall not take any further action with respect to the appeal.
(4) Subsection 115 (18) of the Act is repealed and the following substituted:
Effect of withdrawal
(18) If an order is made under subsection (16),
(a) the Local Planning Appeal Tribunal shall hear all appeals to which the order applies; and
(b) the appeal body shall forward to the Tribunal all information and material in its possession that relates to any appeal to which the order applies.
(5) Subsection 115 (20) of the Act is amended by striking out "the Ontario Municipal Board" and substituting "the Local Planning Appeal Tribunal".
(6) Clause 115 (21) (b) of the Act is repealed and the following substituted:
(b) the Local Planning Appeal Tribunal shall forward to the appeal body all information and material in its possession that relates to any appeal to which the order applies.
11 Subsection 115 (21.2) of the Act is amended,
(a) by striking out "the Ontario Municipal Board and the appeal body shall forward to the Board" in paragraph 1 and substituting "the Local Planning Appeal Tribunal and the appeal body shall forward to the Tribunal"; and
(b) by striking out "Ontario Municipal Board" at the end of paragraph 3 and substituting "Local Planning Appeal Tribunal".
12 (1) Subsection 128 (4) of the Act is amended by striking out "to the Ontario Municipal Board" at the end and substituting "to the Local Planning Appeal Tribunal".
(2) Subsection 128 (5) of the Act is amended by striking out "appeal to the Ontario Municipal Board" at the end and substituting "appeal to the Local Planning Appeal Tribunal".
(3) Subsection 128 (6) of the Act is amended by striking out "that the Board requires" substituting "that the Tribunal requires".
(4) Subsection 128 (7) of the Act is amended by striking out "The Board shall" at the beginning and substituting "The Tribunal shall".
(5) Subsection 128 (8) of the Act is amended by,
(a) striking out "the Board issues" in clause (a) (iii) and substituting "the Tribunal issues"; and
(b) striking out "by the Board" at the end of clause (b) and substituting "by the Tribunal".
13 (1) Subsection 129 (4) of the Act is amended by striking out "may apply to the Ontario Municipal Board" and substituting "may apply to the Local Planning Appeal Tribunal".
(2) Subsection 129 (5) of the Act is amended by striking out "The Board shall" at the beginning and substituting "The Tribunal shall".
(3) Subsection 129 (6) of the Act is amended by striking out "An order of the Board" at the beginning and substituting "An order of the Tribunal".
(4) Subsection 129 (8) of the Act is amended by striking out "Once an order of the Board" at the beginning and substituting "Once an order of the Tribunal".
14 Subsection 250 (2) of the Act is amended by striking out "Subject to section 62 of the Ontario Municipal Board Act" at the beginning and substituting "Subject to section 22 of the Local Planning Appeal Tribunal Act, 2017".
15 Section 265 of the Act is repealed.
16 Subsection 285 (8) of the Act is repealed and the following substituted:
Application to L.P.A.T
(8) If the Minister has directed that an agreement be entered into under subsection (7) and the City and the other municipality fail to reach agreement within 60 days after the Minister's direction, the City, the other municipality or the Minister may apply to the Local Planning Appeal Tribunal and the Tribunal shall settle the terms of the agreement.
17 (1) Subsection 341 (1) of the Act is amended by striking out "the Ontario Municipal Board may" and substituting "the Local Planning Appeal Tribunal may".
(2) Subsection 341 (2) of the Act is amended by striking out "order of the Ontario Municipal Board" and substituting "order of the Tribunal".
18 Clause 397 (2) (b) of the Act is amended by striking out "the Ontario Municipal Board" and substituting "the Local Planning Appeal Tribunal".
19 Subsection 453.1 (15) of the Act is amended by striking out "the Ontario Municipal Board" and substituting "the Local Planning Appeal Tribunal".
Conservation Authorities Act
20 Subsection 24 (4) of the Conservation Authorities Act is amended by striking out "secretary of the Ontario Municipal Board" and substituting "Local Planning Appeal Tribunal".
21 (1) Subsection 25 (2) of the Act is amended,
(a) by striking out "secretary of the Ontario Municipal Board" and substituting "Local Planning Appeal Tribunal"; and
(b) by striking out "Ontario Municipal Board" at the end and substituting "Local Planning Appeal Tribunal".
(2) Subsections 25 (3) and (4) of the Act are amended by striking out "Ontario Municipal Board" wherever it appears and substituting in each case "Local Planning Appeal Tribunal".
22 Section 26 of the Act, as set out in section 23 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, is amended by striking out "Ontario Municipal Board" wherever it appears and substituting in each case "Local Planning Appeal Tribunal".
23 Clause 40 (1) (e) of the Act, as set out in subsection 33 (1) of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, is amended by striking out "Ontario Municipal Board" and substituting "Local Planning Appeal Tribunal".
Consolidated Hearings Act
24 The definition of "establishing authority" in section 1 of the Consolidated Hearings Act is amended by striking out "the Ontario Municipal Board" and substituting "the Local Planning Appeal Tribunal".
25 Subsections 4 (1), (2), (4) and (8) of the Act are amended by striking out "the Ontario Municipal Board" wherever it appears and substituting in each case "the Local Planning Appeal Tribunal".
26 The Schedule to the Act is amended by striking out "Ontario Municipal Board Act" and substituting "Local Planning Appeal Tribunal Act, 2017".
Drainage Act
27 Subsection 75 (3) of the Drainage Act is amended by striking out "sections 65 and 66 of the Ontario Municipal Board Act do not apply" at the end and substituting "section 25 of the Local Planning Appeal Tribunal Act, 2017 does not apply".
Expropriations Act
28 (1) The definition of "Board" in subsection 1 (1) of the Expropriations Act is repealed.
(2) Subsection 1 (1) of the Act is amended by adding the following definition:
"Tribunal" means the Local Planning Appeal Tribunal. ("Tribunal")
29 The following provisions of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Tribunal":
1. Subsection 9 (4).
2. Section 11.
3. Section 24.
4. Clause 26 (b).
5. Subsection 27 (6).
6. Subsections 28 (1) and (2).
7. Section 30.
8. Subsection 31 (1) and clauses 31 (2) (a) and (b).
9. Subsections 34 (1) and (2).
30 Subsection 10 (3) of the Act is repealed and the following substituted:
Entry on land for appraisal
(3) An expropriating authority may, after it has served notice of expropriation on the owner in possession of the lands expropriated, and with the consent of the said owner, enter on the expropriated lands for the purposes of viewing for appraisal, but, where the consent of the owner is not given, the expropriating authority may apply to the Tribunal which may, by order, authorize the entry upon such terms and conditions as may be specified in the order.
31 Section 15 of the Act is repealed and the following substituted:
Increase by Tribunal
15 Upon application therefor, the Tribunal shall, by order, after fixing the market value of lands used for residential purposes of the owner under subsection 14 (1), award such additional amount of compensation as, in the opinion of the Tribunal, is necessary to enable the owner to relocate his or her residence in accommodation that is at least equivalent to the accommodation expropriated.
32 Subsection 19 (2) of the Act is repealed and the following substituted:
Good will
(2) The Tribunal may, in determining compensation on the application of the expropriating authority or an owner, include an amount not exceeding the value of the good will of a business where the land is valued on the basis of its existing use and, in the opinion of the Tribunal, it is not feasible for the owner to relocate.
33 Section 29 of the Act is repealed and the following substituted:
Local Planning Appeal Tribunal
Duties of Tribunal
29 (1) The Tribunal shall determine any compensation in respect of which a notice of arbitration has been served upon it under section 26 or 27, and, in the absence of agreement, determine any other matter required by this or any other Act to be determined by the Tribunal.
Record
(2) All oral evidence submitted before the Tribunal shall be taken down in writing and, together with such documentary evidence and things as are received in evidence by the Tribunal, form the record.
Reasons
(3) The Tribunal shall prepare and furnish the parties to an application with written reasons for its decision.
Reports
(4) The Tribunal may prepare and periodically publish a summary of such of its decisions and the reasons therefor as the Tribunal considers to be of general public significance.
34 Subsection 31 (4) of the Act is repealed and the following substituted:
Procedure
(4) Section 37 of the Local Planning Appeal Tribunal Act, 2017 does not apply to a decision or order of the Tribunal made under this Act.
35 Section 32 of the Act is repealed and the following substituted:
Costs
32 (1) Where the amount to which an owner is entitled upon an expropriation or claim for injurious affection is determined by the Tribunal and the amount awarded by the Tribunal is 85 per cent, or more, of the amount offered by the statutory authority, the Tribunal shall make an order directing the statutory authority to pay the reasonable legal, appraisal and other costs actually incurred by the owner for the purposes of determining the compensation payable, and may fix the costs in a lump sum or may order that the determination of the amount of such costs be referred to an assessment officer who shall assess and allow the costs in accordance with this subsection and the tariffs and rules prescribed under clause 44 (d).
Same
(2) Where the amount to which an owner is entitled upon an expropriation or claim for injurious affection is determined by the Tribunal and the amount awarded by the Tribunal is less than 85 per cent of the amount offered by the statutory authority, the Tribunal may make such order, if any, for the payment of costs as it considers appropriate, and may fix the costs in a lump sum or may order that the determination of the amount of such costs be referred to an assessment officer who shall assess and allow the costs in accordance with the order and the tariffs and rules prescribed under clause 44 (d) in like manner to the assessment of costs awarded on a party and party basis.
36 Subsections 33 (2) and (4) of the Act are repealed and the following substituted:
Variation of interest
(2) Subject to subsection (3), where the Tribunal is of the opinion that any delay in determining the compensation is attributable in whole or in part to the owner, it may refuse to allow the owner interest for the whole or any part of the time for which the owner might otherwise be entitled to interest, or may allow interest at such rate less than 6 per cent a year as appears reasonable.
. . . . .
Same
(4) Where the Tribunal is of the opinion that any delay in determining compensation is attributable in whole or in part to the expropriating authority, the Tribunal may order the expropriating authority to pay to the owner interest under subsection (1) at a rate exceeding 6 per cent a year but not exceeding 12 per cent a year.
Housing Development Act
37 Subsection 7 (5) of the Housing Development Act is amended by striking out "to the Ontario Municipal Board" and substituting "to the Local Planning Appeal Tribunal".
38 Subsection 13 (4) of the Act is repealed and the following substituted:
Approval not required
(4) Section 25 of the Local Planning Appeal Tribunal Act, 2017 does not apply to a corporation as referred to in subsection (1).
Housing Services Act, 2011
39 (1) Subsection 16 (4) of the Housing Services Act, 2011 is repealed and the following substituted:
Application for approval
(4) A dssab service manager that proposes to give a direction to a municipality shall apply to the Local Planning Appeal Tribunal for approval of the proposed direction under section 25 of the Local Planning Appeal Tribunal Act, 2017 and the dssab service manager is deemed, for the purposes of that section, to make the application on behalf of the municipality.
(2) Subsection 16 (5) of the Act is amended by striking out "If the Ontario Municipal Board approves" at the beginning and substituting "If the Local Planning Appeal Tribunal approves".
Municipal Act, 2001
40 Subsection 6 (2) of the Municipal Act, 2001 is amended by striking out "with the approval of the Ontario Municipal Board" and substituting "with the approval of the Local Planning Appeal Tribunal".
41 Clause 179 (b) of the Act is amended by striking out "shall be considered by the Ontario Municipal Board" and substituting "shall be considered by the Local Planning Appeal Tribunal".
42 (1) Subsection 180 (1) of the Act is amended by striking out "may apply to the Ontario Municipal Board" and substituting "may apply to the Local Planning Appeal Tribunal".
(2) Subsection 180 (2) of the Act is amended by striking out "The Board may" at the beginning and substituting "The Tribunal may".
(3) Subsection 180 (3) of the Act is amended by striking out "specified by the Board" at the end and substituting "specified by the Tribunal".
43 (1) Subsection 181 (1) of the Act is amended by striking out "The Ontario Municipal Board may" at the beginning and substituting "The Local Planning Appeal Tribunal may".
(2) Subsection 181 (2) of the Act is amended by striking out "The Board may" at the beginning and substituting "The Tribunal may".
44 (1) Subsection 182 (1) of the Act is amended by striking out "may apply to the Ontario Municipal Board" and substituting "may apply to the Local Planning Appeal Tribunal".
(2) Subsection 182 (2) of the Act is amended by striking out "the Ontario Municipal Board may" in the portion before clause (a) and substituting "the Tribunal may".
(3) Subsection 182 (3) of the Act is amended by striking out "The Board may" at the beginning and substituting "The Tribunal may".
45 (1) Subsection 183 (1) of the Act is amended by striking out "The Ontario Municipal Board" at the beginning and substituting "The Local Planning Appeal Tribunal".
(2) Subsection 183 (2) of the Act is amended by striking out "the Board has the same powers" and substituting "the Tribunal has the same powers".
(3) Subsection 183 (3) of the Act is amended by striking out "If the Board" at the beginning and substituting "If the Tribunal".
(4) Subsection 183 (5) of the Act is repealed and the following substituted:
Deferred proceedings
(5) The Minister may notify the Tribunal in writing that in his or her opinion an application to the Tribunal under section 180, 181 or 182 should be deferred and upon so doing all proceedings in the application are stayed until the Minister notifies the Tribunal in writing that they may be continued.
46 Section 184 of the Act is amended by striking out "to the Ontario Municipal Board" and substituting "to the Local Planning Appeal Tribunal".
47 (1) Subsection 186 (1) of the Act is amended by striking out "or the Ontario Municipal Board" in the portion before clause (a) and substituting "or the Local Planning Appeal Tribunal".
(2) Paragraph 6 of subsection 186 (2) of the Act is amended by striking out "or the Ontario Municipal Board" and substituting "or the Local Planning Appeal Tribunal".
48 Subsection 205 (4) of the Act is amended by striking out "Section 65 of the Ontario Municipal Board Act" at the beginning and substituting "Section 25 of the Local Planning Appeal Tribunal Act, 2017".
49 (1) Subsection 222 (4) of the Act is amended by striking out "to the Ontario Municipal Board" and substituting "to the Local Planning Appeal Tribunal".
(2) Subsection 222 (5) of the Act is amended by striking out "appeal to the Ontario Municipal Board" at the end and substituting "appeal to the Tribunal".
(3) Subsection 222 (6) of the Act is amended by striking out "that the Board requires" and substituting "that the Tribunal requires".
(4) Subsection 222 (7) of the Act is amended by striking out "The Board shall" at the beginning and substituting "The Tribunal shall".
(5) Subsection 222 (8) of the Act is amended by,
(a) striking out "the Board issues" in clause (a) (iii) and substituting "the Tribunal issues"; and
(b) striking out "by the Board" at the end of clause (b) and substituting "by the Tribunal".
50 (1) Subsection 223 (4) of the Act is amended by striking out "may apply to the Ontario Municipal Board" and substituting "may apply to the Local Planning Appeal Tribunal".
(2) Subsection 223 (5) of the Act is amended by striking out "The Board shall" at the beginning and substituting "The Tribunal shall".
(3) Subsection 223 (6) of the Act is amended by striking out "An order of the Board" at the beginning and substituting "An order of the Tribunal".
(4) Subsection 223 (8) of the Act is amended by striking out "Once an order of the Board" at the beginning and substituting "Once an order of the Tribunal".
51 Subsection 323 (8) of the Act is repealed and the following substituted:
Application to L.P.A.T.
(8) If the Minister has directed that an agreement be entered into under subsection (7) and the municipalities fail to reach agreement within 60 days after the Minister's direction, either of the municipalities or the Minister may apply to the Local Planning Appeal Tribunal and the Tribunal shall settle the terms of the agreement.
52 (1) Subsection 370.1 (1) of the Act is amended by striking out "the Ontario Municipal Board may" and substituting "the Local Planning Appeal Tribunal may".
(2) Subsection 370.1 (2) of the Act is amended by striking out "order of the Ontario Municipal Board" and substituting "order of the Tribunal".
53 Section 399 of the Act is repealed.
54 Clause 401 (4) (c) of the Act is amended by striking out "the approval of the Ontario Municipal Board" and substituting "the approval of the Local Planning Appeal Tribunal".
55 (1) Subsection 402 (1) of the Act is repealed and the following substituted:
Notice
(1) Upon receipt of an application of a municipality to incur a debt, the Local Planning Appeal Tribunal may direct the municipality to give notice of the application to such persons and in such manner as the Tribunal determines.
(2) Subsection 402 (2) of the Act is amended by striking out "by the Board" at the end and substituting "by the Tribunal".
(3) Subsection 402 (3) of the Act is amended by striking out "to the secretary of the Board" at the end and substituting "to the Tribunal".
56 Subsection 407 (2) of the Act is amended by striking out "Except with the approval of the Ontario Municipal Board" at the beginning and substituting "Except with the approval of the Local Planning Appeal Tribunal".
57 Subsection 415 (2) of the Act is amended by striking out "Subject to section 62 of the Ontario Municipal Board Act" at the beginning and substituting "Subject to section 22 of the Local Planning Appeal Tribunal, 2017".
58 Subsection 469 (1) of the Act is amended by,
(a) striking out "or the Ontario Municipal Board" in clause (a) and substituting "or the Local Planning Appeal Tribunal"; and
(b) striking out "to the Ontario Municipal Board" in clause (b) and substituting "to the Local Planning Appeal Tribunal".
59 (1) Subsection 474.14 (1) of the Act is amended by striking out "and any land added by the Ontario Municipal Board" and substituting "and any land added by the Local Planning Appeal Tribunal".
(2) Subsection 474.14 (2) of the Act is amended by striking out "the Ontario Municipal Board may" and substituting "the Local Planning Appeal Tribunal may".
(3) Subsection 474.14 (3) of the Act is amended by striking out "Section 94 of the Ontario Municipal Board Act" at the beginning and substituting "Section 36 of the Local Planning Appeal Tribunal Act, 2017".
Municipal Arbitrations Act
60 Section 15 of the Municipal Arbitrations Act is repealed and the following substituted:
L.P.A.T. as sole arbitrator
15 (1) Despite this Act, a municipality may designate the Local Planning Appeal Tribunal as sole arbitrator for the municipality with all the powers and duties of an official arbitrator.
Proceedings before the Tribunal
(2) Subject to subsection (3), the Local Planning Appeal Tribunal Act, 2017 applies to proceedings before the Tribunal under this Act.
Awards
(3) The appeal provisions of this Act apply to awards made by the Tribunal under this Act.
Ontario Heritage Act
61 (1) The definition of "Board" in section 1 of the Ontario Heritage Act is repealed.
(2) Section 1 of the Act is amended by adding the following definition:
"Tribunal" means the Local Planning Appeal Tribunal; ("Tribunal")
62 The following provisions of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Tribunal":
1. Subsections 34.2 (1) and (2).
2. Clause 34.3 (1) (b).
3. Clause 34.5 (2) (b).
4. Subsections 41 (9) and (11).
5. Subsections 42 (6), (9), (13) and (14).
6. Section 68.2.
63 Section 25.1 of the Act is repealed and the following substituted:
L.P.A.T. hearings
25.1 (1) Despite section 3 of the Local Planning Appeal Tribunal Act, 2017, the Tribunal may appoint a member of the Review Board to sit on a panel of the Tribunal conducting an appeal under this Act for the duration of the appeal.
Same
(2) If a member of the Review Board is appointed to sit on a Tribunal panel under subsection (1),
(a) the member shall have all of the powers of a member of the Tribunal appointed under section 3 of the Local Planning Appeal Tribunal Act, 2017 and shall be entitled to participate fully in the appeal; and
(b) for the purposes of any further proceeding or appeal under the Local Planning Appeal Tribunal Act, 2017, any decision or order made by a panel of the Tribunal that includes a Review Board member appointed under subsection (1) shall be deemed to be as valid as a decision or order made by a panel of the Tribunal constituted in accordance with the requirements of section 3 of the Local Planning Appeal Tribunal Act, 2017.
Conflict
(3) A member of the Review Board is not eligible to be appointed to sit on a Tribunal panel under subsection (1) if the member has participated in any hearing by the Review Board relating to the property that is the subject of the appeal being heard by the Tribunal panel.
64 Section 34.1 of the Act is repealed and the following substituted:
Appeal to Tribunal
34.1 (1) If the council of a municipality consents to an application subject to terms and conditions under subclause 34 (2) (a) (i.1) or refuses an application under subclause 34 (2) (a) (ii), the owner of the property that was the subject of the application may appeal the council's decision to the Tribunal within 30 days of the day the owner received notice of the council's decision.
Notice of appeal
(2) An owner of property who wishes to appeal the decision of the council of a municipality shall, within 30 days of the day the owner received notice of the council's decision, give notice of appeal to the Tribunal and to the clerk of the municipality.
Content of notice
(3) A notice of appeal shall set out the reasons for the objection to the decision of the council of the municipality and be accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
Hearing
(4) Upon receiving notice of an appeal, the Tribunal shall set a time and place for hearing the appeal and give notice of the hearing to the owner of the property and to such other persons or bodies as the Tribunal may determine.
Notice of hearing
(5) The Tribunal shall give notice of a hearing in such manner as the Tribunal determines necessary.
Powers of Tribunal
(6) After holding a hearing, the Tribunal may order,
(a) that the appeal be dismissed; or
(b) that the municipality consent to the demolition or removal of a building or structure without terms and conditions or with such terms and conditions as the Tribunal may specify in the order.
Decision final
(7) The decision of the Tribunal is final.
65 Subsection 40.1 (4) of the Act is repealed and the following substituted:
Appeal to Tribunal
(4) Any person who objects to a by-law passed under subsection (1) may appeal to the Tribunal by giving the clerk of the municipality, within 30 days after the date of publication under clause (3) (b), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
66 (1) Subsection 41 (4) of the Act is repealed and the following substituted:
Appeal to Tribunal
(4) Any person who objects to the by-law may appeal to the Tribunal by giving the clerk of the municipality, within 30 days after the date of publication under clause (3) (b), a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.
(2) Subsections 41 (6) to (8) of the Act are repealed and the following substituted:
If notice of appeal
(6) If a notice of appeal is given to the clerk within the time period specified in subsection (4), the Tribunal shall hold a hearing open to the public and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine.
Powers of Tribunal
(7) After holding the hearing, the Tribunal shall,
(a) dismiss the appeal; or
(b) allow the appeal in whole or in part and,
(i) repeal the by-law,
(ii) amend the by-law in such manner as the Tribunal may determine,
(iii) direct the council of the municipality to repeal the by-law, or
(iv) direct the council of the municipality to amend the by-law in accordance with the Tribunal's order.
Dismissal without hearing of appeal
(8) Despite the Statutory Powers Procedure Act and subsections (6) and (7), the Tribunal may, on its own motion or on the motion of any party, dismiss all or part of the appeal without holding a hearing on the appeal if,
(a) the Tribunal is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent ground upon which the Tribunal could allow all or part of the appeal, or
(ii) the appeal is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay;
(b) the appellant has not provided written reasons in support of the objection to the by-law;
(c) the appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017;
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal; or
(e) the appellant has not participated in the public process for the adoption of the relevant heritage conservation district plan under section 41.1 by either making an oral submission at a public meeting or by submitting written submissions to the council of the municipality and the Tribunal believes there is no reasonable explanation for failing to do so.
(3) Clause 41 (10) (b) of the Act is repealed and the following substituted:
(b) if the by-law is amended by the Tribunal under subclause (7) (b) (ii), the by-law, as amended by the Tribunal, comes into force on the day it is so amended; or
(4) Subsection 41 (12) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Same
(12) If, on the day subsection 2 (25) of Schedule F to the Government Efficiency Act, 2002 comes into force, a by-law designating a heritage conservation district has been passed by a municipality and the Tribunal has completed or has begun to hold a hearing under subsection (6) of this section, as it read before that day, but has not yet issued its formal order,
. . . . .
67 Subsections 42 (7) and (8) of the Act are repealed and the following substituted:
Notice of appeal
(7) To appeal to the Tribunal, the owner must give a notice of appeal to the Tribunal within 30 days after the owner receives notice that the council is refusing the application, or receives the permit with the terms and conditions attached, as the case may be.
Tribunal's powers
(8) The Tribunal shall hear the appeal and shall,
(a) dismiss the appeal; or
(b) direct that the permit be issued without terms and conditions or with such terms and conditions as the Tribunal by its order may direct.
68 Subsection 68.3 (1) of the Act is amended by striking out "made by a municipality, the Minister, Review Board or Board under this Act" at the end and substituting "made by a municipality, the Minister, Review Board or Tribunal under this Act".
Ontario Planning and Development Act, 1994
69 Clause 7 (4) (b) of the Ontario Planning and Development Act, 1994 is repealed and the following substituted:
(b) refer the matter to the Local Planning Appeal Tribunal to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; or
70 Clause 8 (1) (b) of the Act is repealed and the following substituted:
(b) refer the matter to the Local Planning Appeal Tribunal to conduct a hearing with respect to the proposed amendment and make a written recommendation on it;
71 Section 10 of the Act is repealed and the following substituted:
Hearing by L.P.A.T.
10 (1) If a matter is referred to the Local Planning Appeal Tribunal, it shall conduct a hearing.
Notice
(2) Notice of the hearing shall be given to such persons or bodies and in such manner as the Tribunal may determine and the Tribunal shall make a written recommendation to the Minister stating whether the Minister should approve the proposed amendment, in whole or in part, make modifications and approve the amendment as modified or refuse the proposed amendment, in whole or in part, and giving reasons for the recommendation.
72 Section 11 of the Act is amended by striking out "the Ontario Municipal Board" and substituting "the Local Planning Appeal Tribunal".
Ontario Water Resources Act
73 The definition of "Board" in subsection 1 (1) of the Ontario Water Resources Act is repealed.
74 (1) Subsection 54 (5) of the Act is repealed and the following substituted:
Application to L.P.A.T.
(5) If a registration under Part II.2 of the Environmental Protection Act is in effect or an environmental compliance approval has been issued in respect of a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization, the municipality undertaking the establishment or extension, before proceeding therewith, may apply to the Local Planning Appeal Tribunal for an order,
(a) stopping up and closing any highway, road or road allowance, temporarily or permanently, for the purpose of allowing the establishment or extension to be carried on and vesting it in the municipality undertaking the establishment or extension, and providing for the opening of another highway, road or road allowance in lieu of the highway, road or road allowance so stopped up and closed, and subsection 88 (2) of the Registry Act does not apply;
(b) ordering that any building restrictions, covenants running with the land or any limitations placed upon the estate or interest of any person in any lands upon or through which it is proposed that the establishment or extension may be constructed shall be terminated and shall be no longer operative or binding upon or against any person, and directing that any such order be registered under the Registry Act; and
(c) fixing the compensation for lands taken or injuriously affected in the construction, maintenance or operation of the establishment or extension,
and notice of the application shall be given to the clerk of the municipality in or into which the sewage works are being established or extended and to the clerks of such other municipalities and to such other persons and in such manner as the Local Planning Appeal Tribunal may direct.
(2) Subsection 54 (12) of the Act is repealed and the following substituted:
Powers of L.P.A.T.
(12) The Local Planning Appeal Tribunal, as a condition of making an order under subsection (11), may impose such restrictions, limitations and conditions respecting the use of land for the extension of the sewage works, not inconsistent with the regulations made for the purposes of Part II.2 of the Environmental Protection Act or the terms and conditions in the environmental compliance approval, as to the Local Planning Appeal Tribunal may appear necessary or expedient.
75 The following provisions of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Local Planning Appeal Tribunal":
1. Subsections 54 (8) and (11).
2. Subsection 55 (4).
3. Subsection 62 (2).
4. Subsection 63 (5).
5. Subsection 74 (13).
76 Subsection 55 (5) of the Act is repealed and the following substituted:
Powers of L.P.A.T.
(5) The Local Planning Appeal Tribunal, as a condition of making an order under subsection (4), may impose such restrictions, limitations and conditions respecting the use of land for the establishment or extension of the sewage treatment works not inconsistent with the regulations made for the purposes of Part II.2 of the Environmental Protection Act or the terms and conditions in the environmental compliance approval, as to the Local Planning Appeal Tribunal may appear necessary or expedient.
77 Section 57 of the Act is repealed and the following substituted:
Powers of L.P.A.T., review of municipal sewage works
57 The Local Planning Appeal Tribunal may inquire into, hear and determine any application by or on behalf of any person complaining that any municipality constructing, maintaining or operating sewage works or having the control thereof,
(a) has failed to do any act, matter or thing required to be done by any Act, by any regulation made under any Act, by any order or direction, or by any agreement entered into with the municipality; or
(b) has done or is doing any such act, matter or thing improperly,
and that the same is causing deterioration, loss, injury or damage to property, and the Local Planning Appeal Tribunal may make any order, award or finding in respect of any such complaint as it considers just.
78 Subsection 74 (11) of the Act is repealed and the following substituted:
Determination of compensation
(11) Subject to this section, a claim for compensation, if not agreed upon by the Agency and the person making the claim, shall be determined by the Local Planning Appeal Tribunal and not otherwise, and the Local Planning Appeal Tribunal Act, 2017, except section 36, applies as far as is practicable to every such claim.
Planning Act
79 (1) The definition of "Municipal Board" in subsection 1 (1) of the Planning Act is repealed.
(2) Subsection 1 (1) of the Act is amended by adding the following definition:
"Tribunal" means the Local Planning Appeal Tribunal. ("Tribunal")
80 The following provisions of the Act are amended by striking out "the Municipal Board" wherever it appears and substituting in each case "the Tribunal":
1. Section 2.
2. Subsection 3 (5).
3. Subsection 8.1 (22).
4. Subsections 12 (6) and (7).
5. Subsections 14.3 (3) and (4).
6. Subsections 14.6 (4) and (5).
7. Subsections 17 (24), (36), (40.3) and (43) and paragraph 2 of subsection 17 (44.2).
8. Subsections 22 (6.4), (6.5), (7) and (7.4).
9. Subsection 23 (5).
10. Subsection 33 (18).
11. Subsections 34 (10.7) and (10.8), paragraph 2 of subsection 34 (24.2) and subsections 34 (31) and (32).
12. Subsections 41 (4) and (4.3).
13. Clauses 45 (1.0.4) (c) and (e) and subsections 45 (17.1), (18) and (18.1).
14. Subsections 51 (19.4), (34), (36), (39), (43), (48), paragraph 2 of subsection 51 (52.2) and subsections 51 (54) and (56.2).
15. Subsections 53 (4.2), (14), (16), (19), (29), (32), (33), (36), (37) and (38).
16. Section 63.
17. Section 65.
18. Subsection 73 (2).
19. Subsection 75 (3).
81 The following provisions of the Act are amended by striking out "the fee prescribed under the Ontario Municipal Board Act" wherever it appears and substituting in each case "the fee charged under the Local Planning Appeal Tribunal Act, 2017":
1. Clauses 17 (25) (c), (37) (c) and (41) (b).
2. Clause 22 (8) (b).
3. Subsections 51 (34), (39), (43) and (48).
4. Subsections 53 (14), (19) and (27).
82 The following provisions of the Act are amended by striking out "the secretary of the Municipal Board" wherever it appears and substituting in each case "the Tribunal":
1. Subsections 17 (30) and (39).
2. Subsection 34 (11.1).
3. Subsections 51 (51) and (55).
83 Subsection 5 (1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
84 (1) Subsections 8.1 (12), (14), (15), (17), (20) and (23) of the Act are repealed and the following substituted:
Exception, related appeals
(12) Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Tribunal, not to the local appeal body, if a related appeal,
(a) has previously been made to the Tribunal and has not yet been finally disposed of; or
(b) is made to the Tribunal together with the appeal under a provision listed in subsection (6).
. . . . .
Dispute
(14) A person may make a motion for directions to have the Tribunal determine a dispute about whether subsection (12) or (16) applies to an appeal.
Final determination
(15) The Tribunal's determination under subsection (14) is not subject to appeal or review.
. . . . .
Same
(17) When the Tribunal assumes jurisdiction as described in subsection (16), the local appeal body,
(a) shall immediately forward to the Tribunal all information and material in its possession that relates to the appeal; and
(b) shall not take any further action with respect to the appeal.
. . . . .
Effect of withdrawal
(20) If an order is made under subsection (18),
(a) the Tribunal shall hear all appeals to which the order applies; and
(b) the local appeal body to which the order relates shall forward to the Tribunal all information and material in its possession that relates to any appeal to which the order applies.
. . . . .
Effect of revocation
(23) If an order is made under subsection (21),
(a) the local appeal body shall hear all appeals to which the order applies; and
(b) the Tribunal shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies.
(2) Subsection 8.1 (23.2) of the Act is amended,
(a) by striking out "the Municipal Board and the local appeal body shall forward to the Board" in paragraph 1 and substituting "the Tribunal and the local appeal body shall forward to the Tribunal"; and
(b) by striking out "Municipal Board" at the end of paragraph 3 and substituting "Tribunal".
85 Subsection 12 (5) of the Act is repealed and the following substituted:
Where apportionment not satisfactory
(5) If the council of any municipality is not satisfied with the apportionment, it may, within fifteen days after receiving the notice under subsection (4), notify the planning board and the Tribunal that it desires the apportionment to be made by the Tribunal.
86 Subsection 14.3 (2) of the Act is repealed and the following substituted:
Determination by Tribunal
(2) If the council of any municipality is not satisfied with the apportionment, it may, within 15 days after receiving the notice, notify the municipal planning authority and the Tribunal that it desires the apportionment to be made by the Tribunal.
87 (1) Clauses 17 (29) (b) and (d) of the Act are repealed and the following substituted:
(b) the record, the notice of appeal and the fee charged under the Local Planning Appeal Tribunal Act, 2017 are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal;
. . . . .
(d) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.
(2) Subsection 17 (29.1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(3) Subsection 17 (42) of the Act is repealed and the following substituted:
Documents to L.P.A.T.
(42) If an approval authority receives a notice of appeal under subsection (36) or (40), it shall ensure that,
(a) a record is compiled which includes the prescribed information and material;
(b) the record, notice of appeal and the fee charged under the Local Planning Appeal Tribunal Act, 2017 are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, as the case may be; and
(c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.
(4) Subsection 17 (42.1) of the Act is amended by striking out "to the Municipal Board" at the end and substituting "to the Tribunal".
(5) Subsections 17 (44), (45.1), (46.1), (47) and (48) of the Act are repealed and the following substituted:
Hearing
(44) On an appeal to the Tribunal, the Tribunal shall hold a hearing of which notice shall be given to such persons or such public bodies and in such manner as the Tribunal may determine.
. . . . .
Same
(45.1) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.
. . . . .
Dismissal
(46.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45) or (45.1), as it considers appropriate.
Dismissal
(47) If the Tribunal dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision without holding a hearing and if the time for filing notices of appeal has expired, the Tribunal shall notify the clerk of the municipality or the approval authority and,
(a) the decision or that part of the decision that was the subject of the appeal is final; and
(b) any plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed.
Same
(48) If the Tribunal dismisses an appeal under subsection (40) without holding a hearing and if there is no other appeal in respect of the same matter, the Tribunal shall notify the approval authority and the approval authority may then proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.
(6) Subsection 17 (54) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
88 (1) Subsection 22 (6.2) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Motion re dispute
(6.2) Within 30 days after a negative notice is given under subsection (6.1), the person or public body or the council or planning board may make a motion for directions to have the Tribunal determine,
. . . . .
(2) Subsections 22 (9) and (10) of the Act are repealed and the following substituted:
Record
(9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that,
(a) a record is compiled which includes the prescribed information and material;
(b) the notice of appeal, the record and the fee are forwarded to the Tribunal,
(i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed,
(ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal;
(c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from approval,
(i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed,
(ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; and
(d) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.
. . . . .
Other information
(10) A person or public body that files a notice of appeal under subsection (7) shall provide to the Tribunal the prescribed information or material and such other information as the Tribunal may require.
(3) Subsection 22 (11.4) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
(4) Subsections 22 (12) and (13) of the Act are repealed and the following substituted:
Withdrawal of appeal
(12) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the council or the planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be.
Same
(13) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the decision of the council or the planning board is final on the day that the last outstanding appeal has been withdrawn or dismissed.
89 (1) Subsections 23 (2) and (4) of the Act are repealed and the following substituted:
Hearing by L.P.A.T.
(2) Where the Minister proposes to make an amendment to an official plan under subsection (1), the Minister may, and on the request of any person or municipality shall, request the Tribunal to hold a hearing on the proposed amendment and the Tribunal shall thereupon hold a hearing as to whether the amendment should be made.
. . . . .
Notice
(4) Where the Minister has requested the Tribunal to hold a hearing as provided for in subsection (2), notice of the hearing shall be given in such manner and to such persons as the Tribunal may direct, and the Tribunal shall hear any submissions that any person may desire to bring to the attention of the Tribunal.
(2) Subsection 23 (6) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
90 Subsection 24 (4) of the Act is repealed and the following substituted:
Deemed conformity
(4) If a by-law is passed under section 34 by the council of a municipality or a planning board in a planning area in which an official plan is in effect and, within the time limited for appeal no appeal is taken or an appeal is taken and the appeal is withdrawn or dismissed or the by-law is amended by the Tribunal or as directed by the Tribunal, the by-law shall be conclusively deemed to be in conformity with the official plan, except, if the by-law is passed in the circumstances mentioned in subsection (2), the by-law shall be conclusively deemed to be in conformity with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect.
91 Subsection 28 (12) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
92 Subsections 33 (4), (5), (10) and (15) of the Act are repealed and the following substituted:
Appeal to L.P.A.T.
(4) Where the council refuses to issue the permit or neglects to make a decision thereon within thirty days after the receipt by the clerk of the municipality of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and either dismiss the same or direct that the demolition permit be issued, and the decision of the Tribunal shall be final.
Notice of appeal
(5) The person appealing to the Tribunal under subsection (4) shall, in such manner and to such persons as the Tribunal may direct, give notice of the appeal to the Tribunal.
. . . . .
Appeal to L.P.A.T.
(10) Where an applicant for a demolition permit under subsection (6) is not satisfied as to the conditions on which the demolition permit is proposed to be issued, the applicant may appeal to the Tribunal for a variation of the conditions and, where an appeal is brought, the Tribunal shall hear the appeal and may dismiss the same or may direct that the conditions upon which the permit shall be issued be varied in such manner as the Tribunal considers appropriate, and the decision of the Tribunal shall be final.
. . . . .
Appeal to L.P.A.T.
(15) Any person who has made application to the council under subsection (11) may appeal from the decision of the council to the Tribunal within twenty days of the mailing of the notice of the decision, or where the council refuses or neglects to make a decision thereon within thirty days after the receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and the Tribunal on the appeal has the same powers as the council has under subsection (14) and the decision of the Tribunal shall be final.
93 (1) Subsection 34 (10.5) of the Act is repealed and the following substituted:
Motion re dispute
(10.5) Within 30 days after a negative notice is given under subsection (10.4), the person or public body or the council may make a motion for directions to have the Tribunal determine,
(a) whether the information and material have in fact been provided; or
(b) whether a requirement made under subsection (10.2) is reasonable.
(2) Subsection 34 (18) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
(3) Subsection 34 (23.1) of the Act is repealed and the following substituted:
Withdrawal of appeals
(23.1) If all appeals to the Tribunal under subsection (19) are withdrawn and the time for appealing has expired, the Tribunal shall notify the clerk of the municipality and the decision of the council is final and binding.
(4) Subsection 34 (23.2) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(5) Subsection 34 (23.3) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(6) Subsection 34 (24) of the Act is repealed and the following substituted:
Hearing and notice thereof
(24) On an appeal to the Tribunal, the Tribunal shall hold a hearing of which notice shall be given to such persons or bodies and in such manner as the Tribunal may determine.
(7) Subsection 34 (25.2) of the Act is repealed and the following substituted:
Dismissal
(25.2) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (25) or (25.1.1), as it considers appropriate.
(8) Subsection 34 (29.1) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
(9) Subsections 34 (33) and (34) of the Act are repealed and the following substituted:
Notice and hearing
(33) The Tribunal may,
(a) dispense with giving notice of a motion under subsection (32) or require the giving of such notice of the motion as it considers appropriate; and
(b) make an order under subsection (31) after holding a hearing or without holding a hearing on the motion, as it considers appropriate.
Notice
(34) Despite clause (33) (a), the Tribunal shall give notice of a motion under subsection (32) to any person or public body who filed with the Tribunal a written request to be notified if a motion is made.
94 Subsections 36 (3.1), (3.3) and (3.4) of the Act are repealed and the following substituted:
Matters of provincial interest
(3.1) Where an appeal is made to the Tribunal under subsection (3), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify,
(a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
. . . . .
No order to be made
(3.3) If the Tribunal has received notice from the Minister under subsection (3.1) and has made a decision on the by-law, the Tribunal shall not make an order under subsection (3) in respect of the part or parts of the by-law identified in the notice.
Action of L.G. in C.
(3.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine.
95 Subsection 38 (6.1) of the Act is repealed and the following substituted:
Where by-law appealed
(6.1) If the period of time during which an interim control by-law is in effect has expired and the council has passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, but there is an appeal of the by-law under subsection 34 (19), the interim control by-law continues in effect as if it had not expired until the date of the order of the Tribunal or until the date of a notice issued by the Tribunal under subsection 34 (23.1) unless the interim control by-law is repealed.
96 Subsection 41 (4.2) of the Act is repealed and the following substituted:
Dispute about scope of site plan control
(4.2) The owner of land or the municipality may make a motion for directions to have the Tribunal determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control.
97 (1) Subsections 42 (10) and (11) of the Act are repealed and the following substituted:
Disputes
(10) In the event of a dispute between a municipality and an owner of land on the value of land determined under subsection (6.4), either party may apply to the Tribunal to have the value determined and the Tribunal shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land and, if a payment has been made under protest under subsection (12), the Tribunal may order that a refund be made to the owner.
Same
(11) In the event of a dispute between a municipality and an owner of land as to the amount of land or payment of money that may be required under subsection (9), either party may apply to the Tribunal and the Tribunal shall make a final determination of the matter.
(2) Subsection 42 (12) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(3) Subsection 42 (13) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
98 (1) Clause 45 (1.0.4) (d) of the Act is repealed and the following substituted:
(d) if the Tribunal allows an appeal in respect of the by-law and amends the by-law, on the day after the last day on which the Tribunal makes a decision disposing of the appeal; or
(2) Subsection 45 (10) of the Act is amended by striking out "to the Municipal Board" in the portion after clause (c) and substituting "to the Tribunal".
(3) Subsections 45 (12) and (13) of the Act are repealed and the following substituted:
Appeal to L.P.A.T.
(12) The applicant, the Minister or any other person or public body who has an interest in the matter may within 20 days of the making of the decision appeal to the Tribunal against the decision of the committee by filing with the secretary-treasurer of the committee a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment to the secretary-treasurer of the fee charged by the Tribunal under the Local Planning Appeal Tribunal Act, 2017 as payable on an appeal from a committee of adjustment to the Tribunal.
Record
(13) On receiving a notice of appeal filed under subsection (12), the secretary-treasurer of the committee shall promptly forward to the Tribunal, by registered mail,
(a) the notice of appeal;
(b) the amount of the fee mentioned in subsection (12);
(c) all documents filed with the committee relating to the matter appealed from;
(d) such other documents as may be required by the Tribunal; and
(e) any other prescribed information and material.
(4) Subsection 45 (13.1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(5) Subsections 45 (15), (16), (17), (17.2) and (18.1.1) of the Act are repealed and the following substituted:
Where appeals withdrawn
(15) Where all appeals to the Tribunal are withdrawn, the decision of the committee is final and binding and the Tribunal shall notify the secretary-treasurer of the committee who in turn shall notify the applicant and file a certified copy of the decision with the clerk of the municipality.
Hearing
(16) On an appeal to the Tribunal, the Tribunal shall, except as provided in subsections (15) and (17), hold a hearing of which notice shall be given to the applicant, the appellant, the secretary-treasurer of the committee and to such other persons or public bodies and in such manner as the Tribunal may determine.
Dismissal without hearing
(17) Despite the Statutory Powers Procedure Act and subsection (16), the Tribunal may dismiss all or part of an appeal without holding a hearing, on its own initiative or on the motion of any party, if,
(a) it is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could allow all or part of the appeal,
(ii) the appeal is not made in good faith or is frivolous or vexatious,
(iii) the appeal is made only for the purpose of delay, or
(iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process;
(b) the appellant has not provided written reasons for the appeal;
(c) the appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017; or
(d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
. . . . .
Dismissal
(17.2) The Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (17), as it considers appropriate.
. . . . .
Exception
(18.1.1) The Tribunal is not required to give notice under subsection (18.1) if, in its opinion, the amendment to the original application is minor.
(6) Subsections 45 (18.2), (18.3) and (18.4) of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Tribunal".
(7) Subsection 45 (19) of the Act is repealed and the following substituted:
Notice of decision
(19) When the Tribunal makes an order on an appeal, the Tribunal shall send a copy thereof to the applicant, the appellant and the secretary-treasurer of the committee.
(8) Subsection 45 (20) of the Act is amended by striking out "of the Municipal Board" and substituting "of the Tribunal".
99 (1) Subsections 51 (19.2), (19.5) and (32) of the Act are repealed and the following substituted:
Motion re dispute
(19.2) Within 30 days after a negative notice is given under subsection (19.1), the applicant or the approval authority may make a motion for directions to have the Tribunal determine,
(a) whether the information and material have in fact been provided; or
(b) whether a requirement made under subsection (18) is reasonable.
. . . . .
Final determination
(19.5) The Tribunal's determination under subsection (19.2) is not subject to appeal or review.
. . . . .
Lapse of approval
(32) In giving approval to a draft plan of subdivision, the approval authority may provide that the approval lapses at the expiration of the time period specified by the approval authority, being not less than three years, and the approval shall lapse at the expiration of the time period, but if there is an appeal under subsection (39) the time period specified for the lapsing of approval does not begin until the date the Tribunal's decision is issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (51).
(2) Clause 51 (35) (b) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(3) Subsection 51 (35.1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(4) Clause 51 (50) (b) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(5) Subsection 51 (50.1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(6) Subsections 51 (52), (52.5) and (52.6) of the Act are repealed and the following substituted:
Hearing
(52) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine.
. . . . .
Notice to approval authority
(52.5) The Tribunal shall notify the approval authority that it is being given an opportunity to,
(a) reconsider its decision in light of the information and material; and
(b) make a written recommendation to the Tribunal.
Approval authority's recommendation
(52.6) The Tribunal shall have regard to the approval authority's recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards.
(7) Subsection 51 (53) of the Act is amended by striking out the portion before clause (a) and clauses (a), (d) and (e) and substituting the following:
Dismissal without hearing
(53) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may dismiss an appeal without holding a hearing on its own initiative or on the motion of any party, if,
(a) it is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give approval to the draft plan of subdivision or determine the question as to the condition appealed to it,
(ii) the appeal is not made in good faith or is frivolous or vexatious,
(iii) the appeal is made only for the purpose of delay, or
(iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process;
. . . . .
(d) the appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017; or
(e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
(8) Subsections 51 (53.1), (54.1), (56) and (56.1) of the Act are repealed and the following substituted:
Same
(53.1) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.
. . . . .
Dismissal
(54.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate.
. . . . .
Powers
(56) On an appeal under subsection (34) or (39), the Tribunal may make any decision that the approval authority could have made on the application and on an appeal under subsection (43) or (48) shall determine the question as to the conditions appealed to it.
Final approval
(56.1) If, on an appeal under subsection (34) or (39), the Tribunal has given approval to a draft plan of subdivision, the Tribunal may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate.
100 (1) Subsection 53 (4.1) of the Act is repealed and the following substituted:
Motion re dispute
(4.1) The applicant, the council or the Minister may make a motion for directions to have the Tribunal determine,
(a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or
(b) whether a requirement made under subsection (3) is reasonable.
(2) Clause 53 (15) (b) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(3) Subsection 53 (16.1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(4) Clause 53 (28) (b) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(5) Subsection 53 (29.1) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(6) Subsections 53 (30), (31), (32.1), (34), (35), (35.1), (39) and (41) of the Act are repealed and the following substituted:
Hearing
(30) On an appeal, the Tribunal shall hold a hearing, of which notice shall be given to such persons or public bodies and in such manner as the Tribunal may determine.
Dismissal without hearing
(31) Despite the Statutory Powers Procedure Act and subsection (30), the Tribunal may dismiss an appeal without holding a hearing, on its own initiative or on the motion of any party, if,
(a) it is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give the provisional consent or could determine the question as to the condition appealed to it,
(ii) the appeal is not made in good faith or is frivolous or vexatious,
(iii) the appeal is made only for the purpose of delay, or
(iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process;
(b) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council or the Minister before a provisional consent was given or refused and, in the opinion of the Tribunal, the appellant does not provide a reasonable explanation for having failed to make a submission;
(c) the appellant has not provided written reasons for the appeal;
(d) the appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017; or
(e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.
. . . . .
Dismissal
(32.1) The Tribunal may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (31), as it considers appropriate.
. . . . .
Powers
(34) On an appeal under subsection (14) or (19), the Tribunal may make any decision that the council or the Minister, as the case may be, could have made on the original application and on an appeal of the conditions under subsection (27), the Tribunal shall determine the question as to the condition or conditions appealed to it.
Amended application
(35) On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, at any time before issuing its order, written notice is given to the persons and public bodies prescribed under subsection (10) and to any person or public body conferred with under subsection (11) on the original application.
No written notice
(35.1) The Tribunal is not required to give written notice under subsection (35) if, in the opinion of the Tribunal, the amendment to the original application is minor.
. . . . .
Consent
(39) If the decision of the Tribunal under subsection (34) is that a provisional consent be given, the council or the Minister shall give the consent, but if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled.
. . . . .
Conditions not fulfilled
(41) If conditions have been imposed and the applicant has not, within a period of one year after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of one year from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33).
101 Subsections 69 (3) and (4) of the Act are repealed and the following substituted:
Payment under protest: appeal to L.P.A.T.
(3) Any person who is required to pay a fee under subsection (1) for the processing of an application in respect of a planning matter may pay the amount of the fee under protest and thereafter appeal to the Tribunal against the levying of the fee or the amount of the fee by giving written notice of appeal to the Tribunal within thirty days of payment of the fee.
Hearing
(4) The Tribunal shall hear an appeal made under subsection (3) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Tribunal determines.
102 Clause 70.2 (2) (e) of the Act is repealed and the following substituted:
(e) set out procedures for appealing to the Tribunal in respect of a development permit or a condition in a permit, including prescribing persons or public bodies that may appeal to the Tribunal in that regard;
103 (1) Clause 74 (4) (a) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
(2) Clause 74 (6) (a) of the Act is amended by striking out "to the Municipal Board" and substituting "to the Tribunal".
Public Transportation and Highway Improvement Act
104 (1) The definition of "Board" in section 1 of the Public Transportation and Highway Improvement Act is repealed.
(2) Section 1 of the Act is amended by adding the following definition:
"Tribunal" means the Local Planning Appeal Tribunal. ("Tribunal")
105 Subsection 14 (2) of the Act is repealed and the following substituted:
Determination of compensation
(2) Every such claim for compensation not agreed upon by the Minister and the claimant shall be determined by the Tribunal and not otherwise, and the Local Planning Appeal Tribunal Act, 2017, except section 37, applies so far as is practicable to every such claim that is referred to the Tribunal.
106 The following provisions of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Tribunal":
1. Subsections 14 (3) and (4).
2. Subsections 37 (2) and (6).
107 Subsection 16 (2) of the Act is repealed and the following substituted:
Where interest may be withheld
(2) Where the Tribunal is of the opinion that any delay in determining the compensation or damages is attributable in whole or in part to the person entitled to the compensation or damages or any part of it, the Tribunal may refuse to allow the person interest for the whole or any part of the time for which the person might otherwise be entitled to interest, or may allow interest at such rate less than 5 per cent per year as appears just.
108 Subsections 37 (3) and (4) of the Act are repealed and the following substituted:
Application for approval
(3) The Tribunal may direct that notice of an application for approval of the closing of a road under this section shall be given at such time, in such manner and to such persons, including municipalities and local boards, as defined in the Municipal Affairs Act, as the Tribunal determines, and may further direct that particulars of objections to the closing shall be filed with the Tribunal and the Minister within such time as the Tribunal directs.
Powers of Tribunal
(4) Upon the hearing of the application, the Tribunal may make an order refusing its approval or granting its approval upon such terms and conditions as it considers proper.
Retail Business Holidays Act
109 (1) Subsections 4.3 (1), (3), (4) and (7) of the Retail Business Holidays Act are repealed and the following substituted:
Appeal to L.P.A.T.
(1) Any person who objects to a by-law made by the council of a municipality under section 4 may appeal to the Local Planning Appeal Tribunal by filing a notice of appeal with the Tribunal setting out the objection to the by-law and the reasons in support of the objection.
. . . . .
Dismissal without hearing
(3) The Tribunal may, if it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing, but before doing so shall notify the appellant and afford the appellant an opportunity to make representations as to the merits of the appeal.
Powers of L.P.A.T.
(4) The Local Planning Appeal Tribunal may,
(a) dismiss the appeal;
(b) dismiss the appeal on the condition that the council amend the by-law in a manner specified by the Tribunal; or
(c) quash the by-law.
. . . . .
Local Planning Appeal Tribunal Act, 2017, s. 35
(7) Section 35 of the Local Planning Appeal Tribunal Act, 2017 does not apply to an appeal under this section.
(2) Subsections 4.3 (2), (5), (6) and (8) of the Act are amended by striking out "the Board" wherever it appears and substituting in each case "the Tribunal".
Shortline Railways Act, 1995
110 (1) Subsection 8 (2) of the Shortline Railways Act, 1995 is repealed and the following substituted:
Contents of notice
(2) The notice shall set out the reasons for the refusal, suspension or revocation and advise that an appeal may be made to the Local Planning Appeal Tribunal by filing a request for a hearing with the Tribunal and with the registrar within 15 days after the notice is served under subsection (1).
(2) Subsections 8 (4) and (5) of the Act are amended by striking out "the Ontario Municipal Board" wherever it appears and substituting in each case "the Local Planning Appeal Tribunal".
(3) Subsection 8 (7) and (8) of the Act are repealed and the following substituted:
Order
(7) The Local Planning Appeal Tribunal may, by order, affirm the refusal, suspension or revocation of the licence or may make such other order consistent with this Act that the Tribunal considers appropriate.
Decision final
(8) The decision of the Local Planning Appeal Tribunal is final.
111 Section 9 of the Act is repealed and the following substituted:
Non-application
9 (1) Sections 5.1 and 21.2 of the Statutory Powers Procedure Act and sections 35 and 36 and subsections 37 (1) and (3) of the Local Planning Appeal Tribunal Act, 2017 do not apply to any hearing under this Act.
Same
(2) Part V of the Local Planning Appeal Tribunal Act, 2017 does not apply to the Local Planning Appeal Tribunal in respect of shortline railways.
Commencement
Commencement
112 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.