1. Proposed Rule Changes Overview Stan Floras Tribunal Counsel
Local Planning Appeal Tribunal (LPAT)
Proposed Rule Changes
Overview
Stan Floras
Tribunal Counsel

2. Introductory Remarks
09/11/2018

3. Why are there new Rules?
LPAT has released these proposed Rules to implement the new practices and procedures that are introduced in Bill 139
Local Planning Appeal Tribunal Act, 2017 (“LPATA”), and amendments to the Planning Act will take effect upon proclamation: April 3, 2018
New Rules will take effect on April 3, 2018
09/11/2018

4. Will the new Rules apply to all matters before the LPAT?
Environment and Land Tribunals Ontario
Yes, the proposed Rules will govern all appeals, or matters before LPAT
Rules are not specific to the Planning Act
LPAT will hear appeals under a variety of land use planning and development statutes, such as the Development Charges Act, the Aggregate Resources Act, Expropriations Act – and many others
09/11/2018

5. Transition
Transition regulations set out which Planning Act matters will be considered under the new procedures established in Bill 139, and which Planning Act matters fall under the legislation as it read pre-Bill 139
Proposed Rules will not address or explain what matters are transitioned - refer to the regulations
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6. Consultation
Your comments on the proposed Rules are welcome and will be considered before the final Rules come into effect on April 3, 2018
The Tribunal intends to review the effectiveness of these Rules in 6 to 8 months
Your comments will be kept and revisited at the next review
09/11/2018

7. Overview of Proposed Rule Changes
09/11/2018

8. Authority for LPAT Rules
Section 32(1) of LPATA:
Allows Tribunal to make rules governing its practice and procedures
Section 31(2) of LPATA:
Enables the Tribunal to adopt any practices and procedures provided for in its Rules or otherwise available to it that in “its opinion offer the best opportunity for a fair, just and expeditious resolution of the merits of the proceedings”
Subsection 32(5) of LPATA:
Provides that non-compliance with the Tribunal’s Rules is not a ground to set aside a decision unless that failure caused a substantial wrong”
09/11/2018

9. Context New practices and procedures are established in Bill 139 for:
Official Plan appeals (ss. 17(24), 17(36), 17(40), and 22(7))
Zoning By-law appeals (ss. 34(11) and 34(19))
Subdivision appeals for non-decision only (s. 51(34))
09/11/2018

10. DRAFT - CONFIDENTIAL (2017.11.29)
Type of Appeal
OP (ss. 17(24), 17(36), and 22 (7))
ZBL / ZBLA Appeals
(ss. 34(11) and 34(19))
OP Non-Decision (s. 17(40)) Subdivision Non-Decision
(s. 51(34))
Timeline
First decision / failure  10 months
New decision / failure  6 months
12 months
Case Management
Conference (“CMC”)
Tribunal must direct appellant and municipality / approval authority (“AA”) to participate in CMC to discuss opportunities for settlement, including possible use of mediation or other dispute resolution processes.
Participation
Person wishing to participate (other than municipality / AA, or appellant) must make written submission 30 days prior to CMC, indicating whether decision or failure to make a decision:
Is inconsistent with policy statement;
Fails to conform with provincial plan; or
Fails to conform with OP
Person wishing to participate (other than municipality / AA, or appellant) must make written submission.
(Timeline in Tribunal’s rules is also 30 days).
Stan Floras, Tribunal Counsel - 03/19/2018
DRAFT – CONFIDENTIAL ( ) - The views expressed herein are those of the author and may not represent the views of the author's employer, the Ministry of the Attorney General of Ontario.

11. DRAFT - CONFIDENTIAL (2017.11.29)
Type of Appeal
OP (ss. 17(24), 17(36), 22 (7)) ZBL / ZBLA Appeals
(ss. 34(11) and 34(19))
OP Non-Decision
(s. 17(40)) Subdivision Non-Decision (s. 51(34))
Decision re: Additional Parties
Tribunal may determine from written submissions whether person may participate in appeal as an additional party or otherwise participate “on such terms as Tribunal may determine”
Oral Hearings
If Tribunal holds oral hearing, only the parties may participate
If Tribunal holds oral hearing, the following may participate:
The parties; and
Such persons identified by Tribunal (from written submissions)
Submissions at Oral Hearings
At an oral hearing:
each party may make an oral submission that does not exceed 75 minutes; and
No party or person may adduce evidence or call or examine witnesses
each party may make an oral submission that does not exceed 75 minutes;
Person other than a party (i.e., participant) may make an oral submission that does not exceed 25 minutes; and
DRAFT - CONFIDENTIAL ( )
DRAFT – CONFIDENTIAL ( ) - The views expressed herein are those of the author and may not represent the views of the author's employer, the Ministry of the Attorney General of Ontario.

12. Structure of the Rules
Proposed Rules are divided into three parts (as explained in Rule 1):
Part I  Applies to all proceedings that will come before the Tribunal – continues many of the OMB Rules
Part II  Applies only to the appeals for which Bill 139 prescribes new procedures; does not apply to any other appeal
Part III  Applies only to proceedings commenced under the Expropriations Act
Remainder of presentation will focus on changes to Parts I and II
of presentation will focus on changes to Parts I and II
09/11/2018

13. Part II: Summary and Application
Part II consists of Rule 26 and 27
Rule 26.01
Applies to appeals initiated under any of subsections 17(24), (36) and (40), 22(7), 34(11), 34(19) and 51(34) of the Planning Act of a decision made by a municipality or approval authority or with respect to the failure of a municipality or approval authority to make a decision under these provisions
09/11/2018

14. Rule 26: Applicability of Part I Rules
Rules in Part I are applicable to these Part II appeals unless it is stated that a Rule is exempt (See Rule 26.02)
For instance, since there is a mandatory Case Management Conference for a Part II proceeding, Rule 19 – the Prehearing Conference Rule - is not applicable in a Part II appeal
Or, since a party cannot examine a witness at a hearing of an appeal, the Part I rules on examination or summoning of witnesses do not apply
09/11/2018

15. Rule 26: New Concepts for Part II Proceedings
“new decision” – applies when a municipality or approval authority was provided an opportunity to reconsider its decision or non-decision following a hearing by the Tribunal and an Order to remit the matter to the municipality
“validation” or “validity of the notice of appeal” – the preliminary screening exercise which the Tribunal will carry out after the appeal is received to assess whether the notice of appeal provides an explanation for the appeal that satisfies the new applicable tests for the appeal
09/11/2018

16. New Concepts under Rule 26: Enhanced Municipal Record
Rule describes the organization of the municipal record
With time limits imposed upon the Tribunal to dispose of proceedings, and the new statutory tests, it is necessary to have a record with all prescribed documentation of the municipal decision making process
The municipality is to provide all persons who filed an appeal with the municipal record
09/11/2018

17. Preliminary screening for Validity (Rule 26.05)
The Tribunal will undertake a screening of the notice of appeal to make a preliminary determination of validity of the notice of appeal
This will be undertaken by a Tribunal Member
Tribunal is setting out its goal to undertake the screening within 10 days following the Registrar’s acknowledgement of the appeal
Person who filed a notice of appeal will be advised of the result
09/11/2018

18. Disputes over validity (Rules 26.06 to 26.08)
Rules 26.06, 26.07, set out how disputes over validity are determined (by motion)
Tribunal may also initiate its own motion
Effect of a finding of validity (rules and 26.10)
The Tribunal will issue a notice of commencement that will start the time periods for disposition of an appeal when the Tribunal makes a finding of validity following the preliminary screening of the notice of appeal
09/11/2018

19. The Appeal Record (Rules 26.11 to 26.13)
If the preliminary screening determines the notice of appeal is valid, then the appellant is required to file three copies of an appeal record with the Tribunal within 20 days
One copy shall be served upon the municipality or the approval authority
Contents of Appeal Record
Appellant sets out the information contained in the municipal record which it will rely upon
Includes a chronology of the relevant policy documents
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20. Case Synopsis (rule 26.13)
Rule sets out the content of the appellant’s case synopsis to be filed (three copies) with its appeal record
The case synopsis is to focus on the issues raised in the appeal that relate to the applicable test of consistency and conformity
Relevant authorities and policy provisions shall also be referenced
20 page limit
09/11/2018

21. Responding Appeal Record (Rule 26.14)
Municipality or approval authority may file (three copies) of an responding record if it is of the opinion that the appellant’s record is incomplete
Respondent may also file a case synopsis (Rule 26.15) and a 20 page limit is also applicable
If filing responding appeal record, required to do so within 20 days of receipt of Appellant’s appeal record (Rule 26.16)
09/11/2018

22. Case management Conference
Rule  sets out that a case management conference is mandatory when the preliminary screening determines the appeal is valid
Tribunal will direct notice
The Tribunal Member is expected to perform an active role at the CMC
Rule  details the list of matters to address, including opportunities for settlement, directions for disclosure
Tribunal will determine whether to hold a hearing
An order will follow the CMC confirming the directions
09/11/2018

23. Participation in a Case Management Conference
A person other than an appellant, municipality or approval authority who wishes to participate in the appeal, must file a written submission with the Registrar at least 30 days before the date of the case management conference
Tribunal will decide whether the person can be an additional party, or otherwise decide how the person may participate
When the Tribunal is of the opinion that more than one party is of common interest with another party or other parties, the Tribunal may appoint a person of that class of parties to represent the class in the proceeding
09/11/2018

24. Following a determination to hold a hearing
Rule lists directions which Tribunal may issue before a hearing
For example, the Tribunal may direct that a person whose evidence may be relevant to determination of the issues attend the hearing, to enable the Tribunal to ask that person questions
09/11/2018

25. Rule 27
Applies when Tribunal determines that a proceeding is to be remitted to municipal Council or the Approval Authority
Tribunal may identify options to remedy the inconsistency or non-conformity
09/11/2018

26. What happens if there is an appeal of the new decision or non-decision?
Rule addresses the appeal of a new or non-decision
The Tribunal will apply the Rules in Part 1 to that proceeding, (see “save and except” in Rule 26.02)
A new decision of municipal council will be assessed against the consistency/conformity test required by the Planning Act
09/11/2018

27. Time periods for Planning Act appeals: Notice of Commencement (Rule 3
Tribunal will issue a notice of commencement for Part II proceedings following the preliminary screening
For other Planning Act matters, a notice of commencement will be issued upon acknowledgement of the appeal by the Tribunal
09/11/2018

28. Notice of Postponement and Notice of Resumption (Rule 3.02)
The Tribunal may issue a notice of postponement to postpone a time period when necessary to secure a “fair and just determination of the appeal”
Conditions could be attached
Time periods will recommence upon issuance of a notice of resumption by the Tribunal
09/11/2018

29. Concluding Remarks
Proposed Rules are to enable the Tribunal to implement the legislative changes in Bill 139
The legislation establishes new practices and procedures for certain Planning Act appeals (as discussed)
The Tribunal will have new role in disposing of these appeals – notably that only the Tribunal may call or examine a witness
These Rules will enable the Tribunal to carry out a more active role in dispute resolution in fulfilling its new legislative mandate
09/11/2018

30. 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 Tel: (416) or toll free (866) Fax: (416) TTY: (800) via Bell Relay Or visit our website for more information… elto.gov.on.ca
09/11/2018