32 (1) An owner of property designated under this Part may apply to the council of the municipality in which the property is situate to repeal the by-law or part thereof designating the property.  R.S.O. 1990, c. O.18, s. 32 (1). Notice required (2) Upon receiving an application under subsection (1), the council of the municipality shall cause notice of the application to be given by the clerk of the municipality in accordance with subsection (3). 2019, c. 9, Sched. 11, s. 10. Notice of application (3) Notice of an application shall be published in a newspaper having general circulation in the municipality and shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property, as set out in the by-law that is the subject of the application; (c)  a statement that further information respecting the application is available from the municipality; and (d)  a statement that notice of objection to the application may be served on the clerk within 30 days after the date of publication of the notice of the application under this subsection. 2019, c. 9, Sched. 11, s. 10. Objection (4) A person who objects to an application shall, within 30 days after the date of the publication of the notice of application under subsection (3), serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant facts. 2019, c. 9, Sched. 11, s. 10. Decision of council (5) After consultation with its municipal heritage committee, if one is established, the council shall consider an application under subsection (1) and any objections served under subsection (4) and within 90 days after the end of the 30-day period under subsection (4) shall do either of the following: 1.  Refuse the application and cause the following to be served on the owner of the property, on any person who objected under subsection (4) and on the Trust: i.  A notice of the council’s decision. ii.  A notice that if the owner of the property objects to the council’s decision, the owner may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after receipt of the notice under this subparagraph, a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2.  Consent to the application, pass a by-law repealing the by-law or part thereof designating the property and shall do the following: i.  Cause the following to be served on the owner of the property, on any person who objected under subsection (4) and on the Trust: A.  A copy of the repealing by-law. B.  A notice that any person who objects to the decision may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under subparagraph ii, a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. ii.  Publish notice of the council’s decision in a newspaper having general circulation in the municipality, which must provide that any person who objects to the decision may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under this subparagraph, a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2). Extension of time (6) The owner of the property and the council may agree to extend the time under subsection (5) and, if the council fails to notify the owner of the property of the council’s decision within such extended time as may be agreed upon, the council is deemed to have consented to the application. 2019, c. 9, Sched. 11, s. 10. Appeal to Tribunal, refusal of application (7) If the owner of the property objects to the council’s decision to refuse the application, the owner may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the receipt of the notice under subparagraph 1 ii of subsection (5), a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2). Same, consent of application (8) Any person who objects to the council’s decision to consent to the application and to pass a repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under subparagraph 2 ii of subsection (5), a notice of appeal setting out the objection to the decision and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2). If no notice of appeal (9) If no notice of appeal is given within the time period specified in subsection (7) or (8), as the case may be, the decision of the council under subsection (5) is final and, if the council consented to the application and passed a repealing by-law, (a)  the repealing by-law comes into force on the day following the last day of the period; (b)  the clerk shall ensure that a copy of the repealing by-law is registered against the property affected by the by-law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust; and (c)  the clerk shall delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 10. If notice of appeal (10) If a notice of appeal is given within the time period specified in subsection (7) or (8), as the case may be, the Tribunal shall hold a hearing 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. 2019, c. 9, Sched. 11, s. 10. Forwarding of record of decision (11) If a notice of appeal is given within the time period specified in subsection (7) or (8), as the case may be, the clerk of the municipality shall ensure that the record of the decision under subsection (5) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 10. (11.1) Repealed: 2019, c. 9, Sched. 11, s. 10. Powers of Tribunal (12) After holding the hearing, the Tribunal shall do the following: 1.  If the appeal relates to a decision of council to refuse the application, i.  dismiss the appeal, or ii.  allow the appeal in whole or in part and, A.  repeal the by-law or part thereof designating the property, or B.  direct the council of the municipality to repeal the by-law or part thereof designating the property in accordance with the Tribunal’s order. 2.  If the appeal relates to a decision of council to consent to the application and to pass a repealing by-law, i.  dismiss the appeal, or ii.  allow the appeal in whole or in part and, A.  repeal the repealing by-law, B.  amend the repealing by-law in such manner as the Tribunal may determine, C.  direct the council of the municipality to repeal the repealing by-law, or D.  direct the council of the municipality to amend the repealing by-law in accordance with the Tribunal’s order. 2019, c. 9, Sched. 11, s. 10. Dismissal without hearing of appeal (13) Despite the Statutory Powers Procedure Act and subsections (10) and (12) of this section, 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 referred to in subsection (7) or (8), as the case may be; (c)  the appellant has not paid the fee charged by the Tribunal; or (d)  the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 11, s. 10; 2021, c. 4, Sched. 6, s. 74 (2). Representations (14) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (13), the Tribunal shall, (a)  notify the appellant of the proposed dismissal; and (b)  give the appellant an opportunity to make representations with respect to the proposed dismissal. 2019, c. 9, Sched. 11, s. 10. Coming into force (15) If one or more notices of appeal are given to the clerk within the time period specified in subsection (7), the following rules apply: 1.  A repealing by-law passed by the municipality under paragraph 2 of subsection (5) comes into force when all of such appeals have been withdrawn or dismissed. 2.  The repeal of a by-law or a part of a by-law under sub-subparagraph 1 ii A of subsection (12) comes into force on the day it is so ordered by the Tribunal. 3.  A by-law repealing a by-law or part thereof under sub-subparagraph 1 ii B of subsection (12) comes into force on the day the by-law is passed by the municipality. 4.  The repeal of a repealing by-law under sub-subparagraph 2 ii A of subsection (12) comes into force on the day it is so ordered by the Tribunal. 5.  If a repealing by-law is amended by the Tribunal under sub-subparagraph 2 ii B of subsection (12), the repealing by-law, as amended by the Tribunal, comes into force on the day it is so amended. 6.  If a repealing by-law is repealed by a council under sub-subparagraph 2 ii C of subsection (12), the by-law that repeals the repealing by-law comes into force on the day it is passed. 7.  If a repealing by-law is amended by a council under sub-subparagraph 2 ii D of subsection (12), the repealing by-law, as amended by council, comes into force on the day it is so amended. 2019, c. 9, Sched. 11, s. 10. Registration of by-law (16) The clerk of a municipality shall ensure that a copy of the repealing by-law is registered against the properties affected by the by-law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust. 2019, c. 9, Sched. 11, s. 10. Deletion from register (17) If a repealing by-law comes into effect under subsection (15), the municipality shall cause the clerk to delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 10. Reapplication (18) If a prescribed circumstance applies, the owner of the property may not reapply to have the by-law or part thereof designating the property repealed within the time period determined in accordance with the regulations, except with the consent of the council. 2019, c. 9, Sched. 11, s. 10. (19)-(23) Repealed: 2019, c. 9, Sched. 11, s. 10. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 57 - 03/04/1996 2002, c. 18, Sched. F, s. 2 (15) - 26/11/2002 2005, c. 6, s. 1, 20 (1-5) - 28/04/2005 2009, c. 33, Sched. 11, s. 6 (8) - 15/12/2009 2019, c. 9, Sched. 11, s. 10 - 01/07/2021 2021, c. 4, Sched. 6, s. 74 (2), para. 4 - 01/07/2021