34.1 (1) If the council of a municipality consents to an application subject to terms and conditions under subclause 34 (4.2) (a) (ii) or refuses an application under subclause 34 (4.2) (a) (iii), the owner of the property that was the subject of the application may appeal the council’s decision to the Tribunal within 30 days of the day the owner received notice of the council’s decision. 2017, c. 23, Sched. 5, s. 64; 2019, c. 9, Sched. 11, s. 13 (1). Notice of appeal (2) An owner of property who wishes to appeal the decision of the council of a municipality shall, within 30 days of the day the owner received notice of the council’s decision, give notice of appeal to the Tribunal and to the clerk of the municipality. 2017, c. 23, Sched. 5, s. 64. Content of notice (3) A notice of appeal shall set out the objection to the council’s decision and the reasons in support of the objection and be accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 13 (2); 2021, c. 4, Sched. 6, s. 74 (2). If notice of appeal (4) If a notice of appeal is given within the time period specified in subsection (2), 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. 13 (2). Powers of Tribunal (5) After holding a hearing, the Tribunal may order, (a)  that the appeal be dismissed; or (b)  that the municipality consent to the demolition or removal referred to in paragraph 1 or 2 of subsection 34 (1), as the case may be, without terms and conditions or with such terms and conditions as the Tribunal may specify in the order. 2019, c. 9, Sched. 11, s. 13 (2). Dismissal without hearing of appeal (6) Despite the Statutory Powers Procedure Act and subsections (4) and (5), 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 to the decision of the council of the municipality; (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. 13 (2); 2021, c. 4, Sched. 6, s. 74 (2). Representations (7) Before dismissing all or part of an appeal on any of the grounds mentioned in subsection (6), 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. 13 (2). Notice of Tribunal’s decision (8) The council shall serve notice of the Tribunal’s decision under subsection (5) or (6) to the Trust. 2019, c. 9, Sched. 11, s. 13 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. F, s. 2 (18) - 26/11/2002 2005, c. 6, s. 23 - 28/04/2005 2017, c. 23, Sched. 5, s. 64 - 03/04/2018 2019, c. 9, Sched. 11, s. 13 (1, 2) - 01/07/2021 2021, c. 4, Sched. 6, s. 74 (2), para. 6 - 01/06/2021; 2021, c. 4, Sched. 6, s. 74 (2), para. 7 - 01/07/2021