25 (1) Subject to subsection (2), the Minister may in writing, and subject to such conditions as he or she considers appropriate, delegate authority to issue development permits to, (a) the Commission; (b) an officer or employee of the Commission who is designated by the Commission; (c) an upper-tier municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof; or (d) a single-tier municipality outside an upper-tier municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof.  1999, c. 12, Sched. N, s. 4 (11); 2002, c. 17, Sched. F, Table. Limitation on delegation (2) No delegation shall be made under subsection (1) to a municipality, except where the municipality on application therefor has been designated by order of the Minister as a municipality to which may be delegated the authority to issue development permits under subsection (1), and every such application shall include a statement of the organizational structure to be established and the administrative procedures intended to be followed.  2002, c. 17, Sched. F, Table. Withdrawal of delegation (3) The Minister may in writing withdraw any delegation made under subsection (1) where, in his or her opinion, it is in the public interest to do so.  R.S.O. 1990, c. N.2, s. 25 (3). Delegate’s power of decision (4) Where the Minister has delegated his or her authority under subsection (1), the delegate, on receiving an application for a development permit and, after giving consideration to the merits of the application, may make a decision in accordance with the Niagara Escarpment Plan to issue the development permit or to refuse to issue the permit or to issue the permit subject to such terms and conditions as the delegate considers desirable.  1999, c. 12, Sched. N, s. 4 (12); 2000, c. 26, Sched. L, s. 7 (15); 2009, c. 12, Sched. L, s. 7. Notice of decision (5) The delegate to whom the Minister has delegated his or her authority under subsection (1) shall give notice of decision on any application for a development permit as follows: 1. Notice shall be given by regular or registered mail, email or personal service to, i. the Minister, ii. the applicant for the permit, iii. any person who has requested to receive notice of the decision, and iv. subject to paragraph 2, all assessed owners of land lying within 120 metres of the land that is the subject of the application. 2. If a condominium development is located within 120 metres of the land that is the subject of the application, notice shall not be given to all owners assessed in respect of the condominium corporation but shall be given to the condominium corporation by email or by regular or registered mail at the corporation’s most recent address for service or its mailing address registered under the Condominium Act, 1998. 2006, c. 19, Sched. P, s. 3 (1); 2019, c. 7, Sched. 42, s. 1 (1). Same (5.1) Notice of a decision given under subsection (5) to anyone other than the Minister shall inform the recipient that, within 14 days after the notice of the decision is sent by regular or registered mail or by email or is served personally, the recipient may appeal the decision by giving the delegate a written notice of appeal that specifies the reasons for the appeal. 2019, c. 7, Sched. 42, s. 1 (2). Hearing officer (6) Where the Minister receives notice of a decision under subsection (5), the Minister may, within 14 days after the notice of the decision is sent by regular or registered mail or by email or is served personally, request the Lieutenant Governor in Council to appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the decision. 2019, c. 7, Sched. 42, s. 1 (3). Procedure (7) Where the Lieutenant Governor in Council appoints a hearing officer at the request of the Minister under subsection (6), subsections (10) to (14) apply with necessary modifications and any reference in those subsections to the Minister shall be deemed to be a reference to the Lieutenant Governor in Council.  R.S.O. 1990, c. N.2, s. 25 (7); 1999, c. 12, Sched. N, s. 4 (13). Hearing officer, appointment by Minister (8) Where the delegate receives one or more notices of appeal under subsection (5.1) the Minister shall appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the decision.  R.S.O. 1990, c. N.2, s. 25 (8); 2000, c. 26, Sched. L, s. 7 (17); 2006, c. 19, Sched. P, s. 3 (2). Exception (8.1) Despite subsections (8) and (10), an officer appointed under subsection (8) may refuse to conduct or to continue a hearing if, (a) in the opinion of the officer, the appeal does not disclose a planning justification for the appeal, is not in the public interest, is without merit, is frivolous or vexatious, or is made only for the purpose of delay; (b) the notice of appeal did not specify the reasons for the appeal; or (c) the person who appealed the decision has not responded to a request by the officer for further information within the time specified by the officer.  1999, c. 12, Sched. N, s. 4 (14). Representations (8.2) Before refusing under subsection (8.1) to conduct or to continue a hearing, the officer shall notify the person who appealed the decision and give the person an opportunity to make representations thereon.  1999, c. 12, Sched. N, s. 4 (14). Same (8.3) If an officer refuses under subsection (8.1) to conduct or to continue a hearing, the decision of the delegate shall be deemed to be confirmed.  1999, c. 12, Sched. N, s. 4 (14). Confirmation of decision (9) Unless within the time specified in subsection (5.1), the delegate receives one or more notices of appeal or unless the Minister has under subsection (6) requested the appointment of a hearing officer, the decision of the delegate shall be deemed to be confirmed.  R.S.O. 1990, c. N.2, s. 25 (9); 1999, c. 12, Sched. N, s. 4 (15); 2000, c. 26, Sched. L, s. 7 (18); 2006, c. 19, Sched. P, s. 3 (2). Time of hearing (10) The officer appointed to inquire under subsection (8) shall fix a time and place for a hearing and shall send by regular or registered mail or by email written notice thereof to each person to whom notice of the decision was sent under subsection (5).  R.S.O. 1990, c. N.2, s. 25 (10); 2019, c. 7, Sched. 42, s. 1 (4). SPPA applies (10.1) The Statutory Powers Procedure Act applies to a hearing held under subsection (10).  1999, c. 12, Sched. N, s. 4 (16). Failure to appear (10.2) If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed to be confirmed.  1999, c. 12, Sched. N, s. 4 (16). Report (11) Within 30 days after the conclusion of the hearing or within such longer period as the Minister may permit, the officer appointed shall report to the Minister a summary of the representations made, together with his or her opinion on the merits of the decision.  R.S.O. 1990, c. N.2, s. 25 (11); 1999, c. 12, Sched. N, s. 4 (17). Deemed confirmation (12) The decision of the delegate shall be deemed to be confirmed if, (a) the opinion of the officer expressed in his or her report under subsection (11) is that the decision of the delegate was correct and should not be changed; and (b) the decision of the delegate was not appealed by a municipality.  1999, c. 12, Sched. N, s. 4 (18); 2002, c. 17, Sched. F, Table. Agreement on terms and conditions (12.1) The decision of the delegate shall be deemed to be confirmed if, (a) the decision of the delegate was a decision to issue a development permit; (b) the parties who appeared at the hearing have agreed on all of the terms and conditions that should be included in the development permit and all of these terms and conditions are set out in the report of the officer under subsection (11); and (c) the opinion of the officer expressed in his or her report under subsection (11) is that, if the decision of the delegate included the terms and conditions referred to in clause (b), the decision would be correct and should not be changed.  2000, c. 26, Sched. L, s. 7 (19). Same (12.2) If subsection (12.1) applies, the decision of the delegate shall be deemed to be a decision to issue the development permit with the terms and conditions referred to in clause (12.1) (b).  2000, c. 26, Sched. L, s. 7 (19). Application of subss. (12) and (12.1) (13) Subsections (12) and (12.1) do not apply if the officer was appointed by the Lieutenant Governor in Council following a request under subsection (6).  1999, c. 12, Sched. N, s. 4 (18); 2000, c. 26, Sched. L, s. 7 (20). Power of Minister (14) If the decision of the delegate has not been deemed to be confirmed under subsection (8.3), (9), (10.2), (12) or (12.1), the Minister, after giving consideration to the report of the officer, may confirm the decision or may vary the decision or make any other decision that in his or her opinion ought to have been made and the decision of the Minister under this section is final.  1999, c. 12, Sched. N, s. 4 (18); 2000, c. 26, Sched. L, s. 7 (21). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 4 (11-18) - 22/12/1999 2000, c. 26, Sched. L, s. 7 (15-21) - 6/12/2000 2002, c. 17, Sched. F, Table - 1/01/2003 2006, c. 19, Sched. P, s. 3 (1, 2) - 22/06/2006 2009, c. 12, Sched. L, s. 7 - 14/05/2009 2019, c. 7, Sched. 42, s. 1 (1-4) - 29/05/2019