PART II LOCAL PLANNING ADMINISTRATION
Local appeal body
8.1 (1) If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5).  2006, c. 23, s. 7. Local and upper-tier municipalities (2) For greater certainty, this section applies to both local and upper-tier municipalities.  2006, c. 23, s. 7. Term and qualifications (3) A person who is appointed to the local 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. 23, s. 7. Eligibility criteria (4) In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria.  2006, c. 23, s. 7. Restriction (5) The council shall not appoint to the local appeal body a person who is, (a) an employee of the municipality; (b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or (c) a member of a prescribed class.  2006, c. 23, s. 7. Power to hear appeals, etc. (6) The council may by by-law empower the local appeal body to hear appeals or motions for directions, as the case may be, under, (a) subsections 41 (4.2), (12) and (12.0.1); (b) subsection 45 (12); (c) subsections 53 (4.1), (14), (19) and (27); or (d) the provisions listed in any combination of clauses (a), (b) and (c). 2017, c. 23, Sched. 3, s. 4 (1). Interpretation re appeals (6.1) The following rules apply if a by-law has been passed under subsection (6) empowering the local appeal body to hear motions for directions under subsection 41 (4.2) or 53 (4.1), or both: 1. References in this section to an appeal, other than in subsection (10), shall be read as including a reference to a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be. 2. The reference in subsection (9) to an appellant shall be read as including a reference to a person or public body making a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be. 2017, c. 23, Sched. 3, s. 4 (1). Effect of by-law under subs. (6) (7) If a by-law has been passed under subsection (6), (a) the local appeal body has all the powers and duties of the Tribunal under the relevant provisions of this Act; (b) all references in this Act to the Tribunal in connection with appeals under the relevant provisions shall be read as references to the local appeal body; and (c) appeals under the relevant provisions shall be made to the local appeal body, not to the Tribunal. 2017, c. 23, Sched. 3, s. 4 (2). Prescribed requirements (8) The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body.  2006, c. 23, s. 7. Fee (9) An appellant shall pay to the local appeal body any fee that the council establishes by by-law.  2006, c. 23, s. 7. Appeal (10) An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law.  2006, c. 23, s. 7. Exception (11) Subsection (10) does not apply in respect of a motion for directions under subsection 41 (4.2) or 53 (4.1). 2017, c. 23, Sched. 3, s. 4 (3). Exception, related appeals (12) Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Tribunal, not to the local 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 (6). 2017, c. 23, Sched. 5, s. 84 (1). Same (13) For the purposes of subsections (12) and (16), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (6) if it is made, (a) in respect of the same matter as the appeal under a provision listed in subsection (6); and (b) under another provision listed in subsection (6) in respect of which the local appeal body has not been empowered, under section 17, 22, 34, 36, 38 or 51 or in relation to a development permit system. 2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (4). Dispute (14) A person may make a motion for directions to have the Tribunal determine a dispute about whether subsection (12) or (16) applies to an appeal. 2017, c. 23, Sched. 5, s. 84 (1). Final determination (15) The Tribunal’s determination under subsection (14) is not subject to appeal or review. 2017, c. 23, Sched. 5, s. 84 (1). Tribunal to assume jurisdiction (16) If an appeal has been made to a local appeal body under a provision listed in subsection (6) but no hearing has begun, and a notice of appeal is filed with the Tribunal in respect of a related appeal, the Tribunal shall assume jurisdiction to hear the first-mentioned appeal.  2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (5). Same (17) When the Tribunal assumes jurisdiction as described in subsection (16), the local 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. 84 (1). Withdrawal of power (18) The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (6) and (7), and the order may be in respect of the appeals specified in the order, subject to subsection (19), or in respect of any or all appeals made after the order is made.  2006, c. 23, s. 7. Exception (19) An order made under subsection (18) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order.  2006, c. 23, s. 7. Effect of withdrawal (20) If an order is made under subsection (18), (a) the Tribunal shall hear all appeals to which the order applies; and (b) the local appeal body to which the order relates 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. 84 (1). Revocation of withdrawal (21) The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (18).  2006, c. 23, s. 7. Exception (22) An order made under subsection (21) does not apply to an appeal if the hearing before the Tribunal has begun on or before the date of the order.  2006, c. 23, s. 7; 2017, c. 23, Sched. 5, s. 80. Effect of revocation (23) If an order is made under subsection (21), (a) the local appeal body shall hear all appeals to which the order applies; and (b) the Tribunal shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies. 2017, c. 23, Sched. 5, s. 84 (1). Dissolution of local appeal body (23.1) Subject to subsections (23.2) and (23.3), the Minister may by order dissolve the local appeal body. 2017, c. 10, Sched. 4, s. 11 (2). Rules re dissolution order (23.2) If the Minister makes an order under subsection (23.1), the following rules apply: 1. In respect of an appeal that is made to the local appeal body on or before the date the order is made and for which a hearing before the local appeal body has not begun on or before that date, the appeal shall be heard by the Tribunal and the local appeal body shall forward to the Tribunal all information and material in its possession that relates to any such appeal. 2. The local 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 (6) shall be made to the Tribunal. 2017, c. 10, Sched. 4, s. 11 (2); 2017, c. 23, Sched. 5, s. 84 (2). Effective date of order under subs. (23.1) (23.3) An order made under subsection (23.1) shall take effect on the following: 1. If there are no appeals referred to in subsection (23.2) before the local appeal body, the date on which the order is made. 2. If there are one or more appeals referred to in subsection (23.2) before the local appeal body, the day on which the local appeal body has finally disposed of all of those appeals. 2017, c. 10, Sched. 4, s. 11 (2). Not regulation (23.4) An order of the Minister under subsection (23.1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2017, c. 10, Sched. 4, s. 11 (2). Restriction (24) This section does not authorize a municipality to, (a) establish a joint local appeal body together with one or more other municipalities; or (b) empower a local appeal body that is established by another municipality to hear appeals.  2006, c. 23, s. 7. City of Toronto (25) This section does not apply with respect to the City of Toronto.  2006, c. 23, s. 7. Transition (26) This section does not apply to the following: 1. An appeal under subsection 45 (12), 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 (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force. 2. An appeal under subsection 53 (19) or (27), if the notice under subsection 53 (17) or (24), as the case may be, is given before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force. 3. An appeal under subsection 41 (4.2), (12) or (12.0.1) or 53 (4.1) or (14), if the appeal is made before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force. 2017, c. 23, Sched. 3, s. 4 (6). Deeming rule re appeals under subs. 53 (4.1) (27) If a municipality has, before the day subsection 4 (1) of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, passed a by-law under subsection (6) of this section empowering the local appeal body to hear appeals under subsections 53 (14), (19) and (27), the by-law is deemed to empower the local appeal body to hear appeals under subsection 53 (4.1) that are made on or after that day. 2017, c. 23, Sched. 3, s. 4 (6). Section Amendments with date in force (d/m/y) 2006, c. 23, s. 7
- 01/01/2007 2017, c. 10, Sched. 4, s. 11 (2) - 30/05/2017; 2017, c. 23, Sched. 3, s. 4 (1-6) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 84 (1, 2) - 03/04/2018