LPAT’s Function in the Ontario Planning Process Local Planning Appeal Tribunal (LPAT) LPAT’s Function in the Ontario Planning Process Key Elements James McKenzie Associate Chair, Ontario Municipal Board

Key Changes Tribunal Role and Mandate New Standard of Review Statutorily-Mandated Time Limits Validity of Appeal Mandatory Case Management Conferences New Hearing Process/Procedures 10/11/2018

Key Change One Tribunal Role and Mandate Purpose: To carry out a “check-and-balance function” with respect to municipal planning decision-making Mandate: Changed for specific classes of appeal under the Planning Act. Unchanged for appeals of other matters under the Planning Act and other legislation from which LPAT receives jurisdiction. 10/11/2018

LPAT’s Mandate will change for: Appeals of a council decision to adopt or amend an official plan, ss. 17(24) Appeals of a decision by an approval authority to approve a decision adopting or amending an official plan, ss. 17(36) Appeals of a non-decision by an approval authority, ss. 17(40) Appeals of a council decision to refuse a private amendment to an official plan or non-decision of a private amendment application, ss. 22(7) Appeals of a council decision to refuse a private amendment to a municipal zoning bylaw or non-decision of a private amendment application, ss. 34(11) Appeals of a decision by a council to adopt a zoning bylaw or zoning bylaw amendment, ss. 34(19) Appeals of a non-decision on a subdivision, ss. 51(34) 10/11/2018

Key Change Two New Standard of Review For adopted or approved Official Plans and Official Plan Amendments (OP/OPA) and Zoning Bylaws/Zoning Bylaw Amendments (ZBL/ZBLA): Every appellant must explain and demonstrate how the adopted or approved OP/OPA or ZBL/ZBLA (or some part of it) is inconsistent with a provincial policy statement, fails to conform with or conflicts with a provincial plan, or fails to conform with an applicable upper-tier official plan. LPAT is under a statutory obligation to dismiss any appeal that fails to do so. 10/11/2018

Key Change Two New Standard of Review For appeals from a refusal of or failure to adopt a privately-initiated OPA or ZBLA: Every appellant must explain, first, how the existing policies or provisions of an OP or ZBLA are inconsistent with a provincial policy statement, fails to conform with or conflicts with a provincial plan, or fails to conform with an applicable upper-tier official plan; and, second, how the requested amendment to the official plan or zoning bylaw conform and/or are consistent with higher-order planning instruments. LPAT is under a statutory obligation to dismiss any appeal that fails to do so. 10/11/2018

Key Change Two New Standard of Review For appeals from a refusal of or failure to adopt a privately-initiated OPA or ZBLA: If an appellant satisfies the new test(s) with respect to these appeals, LPAT will remit the appealed matter back to the municipal council for further consideration. Any subsequent municipal decision or non-decision may be appealed. LPAT will convene a new hearing to consider the newly appealed matter. 10/11/2018

Key Change Two New Standard of Review For appeals from an approval authority’s failure to give notice of a decision on an adopted OPA or a refusal to approve a plan of subdivision: LPAT may make any decision that the approval authority could have made 10/11/2018

Key Change Three Statutorily-Mandated Time Limits LPAT is required to decide every appealed matter under the Planning Act within time periods, or time limits, stipulated in provincial regulation(s): 12, 10, and 6 months. New rule to facilitate commencement, postponement, and resumption of time periods. 10/11/2018

Key Change Four Validity of Appeal Time limits do not begin until an appeal’s validity has been determined by LPAT Validity is determined by whether an appeal has the required explanation for inconsistency and/or nonconformity 10/11/2018

Key Change Five Mandatory Case Management Conference (CMC) LPAT is required to hold a case management conference (CMC) for certain Planning Act appeals, involving the appellant(s) and municipality/approval authority There is an opportunity for participation in a CMC by persons other than the appellant(s) (subject to legislated obligations) Consistent with existing OMB practices relating to Prehearing Conferences 10/11/2018

Key Change Six New Hearing Process/Procedures Hearings may be oral or written, or potentially by electronic means Only LPAT may call a witness and receive evidence through a witness No other party may put forward evidence through a witness or call or question any witness Each party may make an oral submissions up to 75 minutes 10/11/2018

Resources Environment and Land Tribunals Ontario Feel free to contact us directly... Local Planning Appeal Tribunal (LPAT) 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 E-Mail: Local.Planning.Appeal.Tribunal@Ontario.ca Tel: (416) 212-6349 or toll free (866) 448-2248 Fax: (416) 326-5370 TTY: (800) 855-1155 via Bell Relay Or visit our website for more information… elto.gov.on.ca 10/11/2018