PART VII GENERAL
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. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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of the Act do not apply to matters and proceedings for a period of time specified in the regulations; (f), (g) Repealed: 2021, c. 4, Sched. 6, s. 80 (9). 2017, c. 23, Sched. 3, s. 17; 2021, c. 4, Sched. 6, s. 80 (9). Conflict (4) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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). 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. 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. 2017, c. 23, Sched. 3, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 3, s. 17 - 03/04/2018 2021, c. 4, Sched. 6, s. 80 (9) - 01/06/2021