PART III GENERAL POWERS: LIMITS AND ADDITIONS
Appeal body for local land use planning matters
115 (1) The City may by by-law constitute and appoint one appeal body for local land use planning matters, composed of such persons as the City considers advisable, subject to subsections (2), (3) and (4). 2006, c. 11, Sched. A, s. 115 (1). Term and qualifications (2) A person who is appointed to the appeal body, (a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and (b) shall have the prescribed qualifications, if any. 2006, c. 11, Sched. A, s. 115 (2). Eligibility criteria (3) In appointing persons to the appeal body, the City shall have regard to any prescribed eligibility criteria. 2006, c. 11, Sched. A, s. 115 (3). Restriction (4) The City shall not appoint to the appeal body a person who is, (a) a city employee; (b) a member of city council, a land division committee, a committee of adjustment or a planning advisory committee; or (c) a member of a prescribed class. 2006, c. 11, Sched. A, s. 115 (4). 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). 2017, c. 23, Sched. 3, s. 19 (1). 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. 2017, c. 23, Sched. 3, s. 19 (1). 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 Ontario Land 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 Ontario Land 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 Ontario Land Tribunal. 2017, c. 23, Sched. 3, s. 19 (1); 2021, c. 4, Sched. 6, s. 37 (1). Prescribed requirements (7) The appeal body shall comply with any prescribed requirements, including, without limitation, requirements for the rules governing the practice and procedure before the appeal body. 2006, c. 11, Sched. A, s. 115 (7). Fee (8) An appellant shall pay to the appeal body any fee that the City establishes by by-law. 2006, c. 11, Sched. A, s. 115 (8). Appeal (9) An appeal lies from the appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law. 2006, c. 11, Sched. A, s. 115 (9). 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. 2017, c. 23, Sched. 3, s. 19 (2). Exception, related appeals (10) Despite subsection (6), an appeal under a provision listed in subsection (5) shall be made to the Ontario Land 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). 2017, c. 23, Sched. 5, s. 10 (1); 2021, c. 4, Sched. 6, s. 37 (1). 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. 2017, c. 23, Sched. 3, s. 19 (3). Dispute about application of subs. (10) or (14) (12) A person may make a motion for directions to have the Ontario Land Tribunal determine a dispute about whether subsection (10) or (14) applies to an appeal. 2017, c. 23, Sched. 3, s. 19 (4); 2021, c. 4, Sched. 6, s. 37 (1). Final determination (13) The Ontario Land Tribunal’s determination under subsection (12) is not subject to appeal or review. 2006, c. 11, Sched. A, s. 115 (13); 2017, c. 23, Sched. 5, s. 10 (2); 2021, c. 4, Sched. 6, s. 37 (4). Tribunal 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 Ontario Land Tribunal in respect of a related appeal, the Tribunal shall assume jurisdiction to hear the first-mentioned appeal. 2017, c. 23, Sched. 3, s. 19 (5); 2021, c. 4, Sched. 6, s. 37 (1)). Same (15) When the Ontario Land 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. 2017, c. 23, Sched. 5, s. 10 (3); 2021, c. 4, Sched. 6, s. 37 (1). Withdrawal of power (16) The Minister may by order, accompanied by a written explanation for it, withdraw the power given to the appeal body under subsections (5) and (6), and the order may be in respect of the appeals specified in the order, subject to subsection (17), or in respect of any or all appeals made after the order is made. 2006, c. 11, Sched. A, s. 115 (16). Exception (17) An order made under subsection (16) does not apply to an appeal if the hearing before the appeal body has begun on or before the date of the order. 2006, c. 11, Sched. A, s. 115 (17). Effect of withdrawal (18) If an order is made under subsection (16), (a) the Ontario Land 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. 2017, c. 23, Sched. 5, s. 10 (4); 2021, c. 4, Sched. 6, s. 37 (1). Revocation of withdrawal (19) The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (16). 2006, c. 11, Sched. A, s. 115 (19). Exception (20) An order made under subsection (19) does not apply to an appeal if the hearing before the Ontario Land Tribunal has begun on or before the date of the order. 2006, c. 11, Sched. A, s. 115 (20); 2017, c. 23, Sched. 5, s. 10 (5); 2021, c. 4, Sched. 6, s. 37 (1). Effect of revocation (21) If an order is made under subsection (19), (a) the appeal body shall hear all appeals to which the order applies; and (b) the Ontario Land Tribunal shall forward to the appeal body all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 11, Sched. A, s. 115 (21); 2017, c. 23, Sched. 5, s. 10 (6); 2021, c. 4, Sched. 6, s. 37 (1). Dissolution of appeal body (21.1) Subject to subsections (21.2) and (21.3), the Minister may by order dissolve the appeal body. 2017, c. 10, Sched. 2, s. 13. Rules re dissolution order (21.2) If the Minister makes an order under subsection (21.1), the following rules apply: 1. In respect of an appeal that is made to the appeal body on or before the date the order is made and for which a hearing before the appeal body has not begun on or before that date, the appeal shall be heard by the Ontario Land Tribunal and the appeal body shall forward to the Tribunal all information and material in its possession that relates to any such appeal. 2. The appeal body shall continue to hear an appeal for which a hearing has begun on or before the date of the order. 3. An appeal under a provision listed in subsection (5) shall be made to the Ontario Land Tribunal. 2017, c. 10, Sched. 2, s. 13; 2017, c. 23, Sched. 5, s. 11; 2021, c. 4, Sched. 6, s. 37 (1). Effective date of order under subs. (21.1) (21.3) An order made under subsection (21.1) shall take effect on the following: 1. If there are no appeals referred to in subsection (21.2) before the appeal body, the date on which the order is made. 2. If there are one or more appeals referred to in subsection (21.2) before the appeal body, the day on which the appeal body has finally disposed of all of those appeals. 2017, c. 10, Sched. 2, s. 13. Not regulation (21.4) An order of the Minister under subsection (21.1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2017, c. 10, Sched. 2, s. 13. 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. 2017, c. 23, Sched. 3, s. 19 (6). 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. 2017, c. 23, Sched. 3, s. 19 (6). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 28 (1-3), 29 (3) - 01/01/2007 2017, c. 10, Sched. 2, s. 13 - 30/05/2017; 2017, c. 23, Sched. 3, s. 19 (1-6) - 03/04/2018; 2017, c. 23, Sched. 5, s. 10 (1-6), 11 - 03/04/2018 2021, c. 4, Sched. 6, s. 37 (1, 4) - 01/06/2021 Delivery Noise