Regulation - Minister
Proposed Regulations under the Local Planning Appeal Tribunal Act, 2017
Regulation Number(s):
O. Reg. 102/18
Instrument Type:
Regulation - Minister
Bill or Act:
Bill 108 - An Act to amend various statutes with respect to housing, other development and various other matters
Summary of Proposal:
Bill 108, which received Royal Assent on June 6, 2019, amends the Local Planning Appeal Tribunal Act, 2017 (the Act) to remove provisions that restrict oral testimony and submissions at hearings of major land use planning appeals (e.g., appeals of official plans, zoning by-laws) before the Local Planning Appeal Tribunal (the Tribunal). Section 43 of the Act provides that the Minister (i.e., the Attorney General) may make regulations governing the practices and procedures of the Tribunal and prescribing timelines for appeals to the Tribunal under the Planning Act. Section 43.1 of the amended Act provides that the Minister may make regulations providing for transition rules for major land use planning appeals before the Tribunal that were commenced before, on or after the amendments to the Act come into force.
The Ministry of the Attorney General is proposing to make a regulation under the amended Act that would establish transition rules for major land use planning appeals before the Tribunal.
The Ministry is also proposing to revoke the existing "Planning Act Appeals" regulation under the Act that prescribes timelines, time limits and practices and procedures for appeals to the Tribunal under the Planning Act.
Transition
The following transition rules are proposed for major land use planning appeals before the Tribunal:
• The amended Act applies to a major land use planning appeal that was commenced and continued under the former Ontario Municipal Board Act, except for the requirement to hold a case management conference.
• The amended Act also applies to a major land use planning appeal that was commenced under the former Ontario Municipal Board Act and continued under the existing Act, except where a hearing on the merits of the appeal has been scheduled before the amendments come into force. If a hearing on the merits of the appeal has been scheduled before that day, the existing Act will continue to apply to the appeal.
• The amended Act applies to a major land use planning appeal that was commenced under the existing Act, except where a hearing on the merits of the appeal has been scheduled before the amendments come into force. If a hearing on the merits of the appeal has been scheduled before that day, the existing Act will continue to apply to the appeal.
• The amended Act applies to a major land use planning appeal commenced on or after the day the amendments to the Act come into force.
Revocation of the "Planning Act Appeals" Regulation
The Ministry is further proposing to revoke an existing regulation under the Act that prescribes timelines for the disposition of Planning Act proceedings before the Tribunal, establishes time limits for submissions at oral hearings of major land use planning appeals before the Tribunal and limits the examination or cross-examination of parties and witnesses in a major land use planning appeal, other than by the Tribunal, prior to the hearing of that appeal. The revocation is proposed as the existing regulation is no longer relevant given the recent amendments to the Act and the Planning Act under Bill 108.
The Ministry of the Attorney General is proposing to make a regulation under the amended Act that would establish transition rules for major land use planning appeals before the Tribunal.
The Ministry is also proposing to revoke the existing "Planning Act Appeals" regulation under the Act that prescribes timelines, time limits and practices and procedures for appeals to the Tribunal under the Planning Act.
Transition
The following transition rules are proposed for major land use planning appeals before the Tribunal:
• The amended Act applies to a major land use planning appeal that was commenced and continued under the former Ontario Municipal Board Act, except for the requirement to hold a case management conference.
• The amended Act also applies to a major land use planning appeal that was commenced under the former Ontario Municipal Board Act and continued under the existing Act, except where a hearing on the merits of the appeal has been scheduled before the amendments come into force. If a hearing on the merits of the appeal has been scheduled before that day, the existing Act will continue to apply to the appeal.
• The amended Act applies to a major land use planning appeal that was commenced under the existing Act, except where a hearing on the merits of the appeal has been scheduled before the amendments come into force. If a hearing on the merits of the appeal has been scheduled before that day, the existing Act will continue to apply to the appeal.
• The amended Act applies to a major land use planning appeal commenced on or after the day the amendments to the Act come into force.
Revocation of the "Planning Act Appeals" Regulation
The Ministry is further proposing to revoke an existing regulation under the Act that prescribes timelines for the disposition of Planning Act proceedings before the Tribunal, establishes time limits for submissions at oral hearings of major land use planning appeals before the Tribunal and limits the examination or cross-examination of parties and witnesses in a major land use planning appeal, other than by the Tribunal, prior to the hearing of that appeal. The revocation is proposed as the existing regulation is no longer relevant given the recent amendments to the Act and the Planning Act under Bill 108.
Further Information:
Bill 108, More Homes, More Choice Act, 2019
Proposal Number:
19-MAG007
Posting Date:
June 21, 2019
Comments Due Date:
August 5, 2019
Contact Address:
Ministry of the Attorney General
Policy Division
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Policy Division
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9